Why Is It Important To Determine The Date Of Separation?

Determining the date of separation is important because it significantly affects the division of properties, assets, and liabilities. Properties acquired before the date of separation may still be considered part of the marital community property. But properties acquired after the date of separation are presumed to be separate properties.

In California, the date of separation is the day when the husband or wife expressed the desire to end the marriage and performed acts that are consistent with this desire. These acts may include not sleeping in the same room or moving out of the family home entirely.