CALIFORNIA FAMILY LAW
...Community Property Issues
......Date of Separation
 18 Cards On This Topic:
  • Date of Separation defined.
  • Earnings and accumulations after date of separation are s/p.
  • If one spouse convicted of felony DV, date of separation may be date of attack, or earlier.
  • Date of Separation.
  • Living in separate residences is an indispensable threshold requirement for a finding that spouses are "living separate and apart" for purposes of FC 771(a).
  • DOS not established solely by showing H moved out of marital residence and lived with girlfriend; requires "parting of the ways with no present intention of resuming marital relations."
  • Trial ct. properly determined parties' legal separation date under FC §70(a).
  • Date of separation is determined by parties’ "subjective intent" legal standard, not the public-perception standard.
  • Spouses generally required to establish separate residences as a predicate to date of separation.
  • Determination of DOS proven by preponderance of, rather than clear and convincing, evidence.
  • Reversible error not to objectively consider evidence of H and W's subjective intents and perceptions regarding when marital relationship actually final.
  • DOS requires both parting of the ways with no present intention of resuming marital relations and conduct evidencing complete and final break in marital relationship.
  • In determining date of separation (DOS), court not bound by recitations in petition or MSA. DOS in pleadings often simply a guess.
  • Date of separation may occur after filing of petition for dissolution.
  • Physical separation for economic or social reasons does not, ipso facto, establish a date of separation.
  • Living separate and apart defined. Living apart for 14 years held not living "separate and apart."
  • Cases discussing various aspects of whether parties are living separate and apart for tax purposes.
  • Summary of Law: Effect of attempted reconciliation on date of separation.


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