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What is the date of separation?

  • By: Lorilee Desantis
  • Published: August 21, 2020

The date of separation is the date that a complete and final break in the marital relationship has occurred. This requires evidence that (1) one spouse has expressed to the other his/her intent to end the marriage and (2) the conduct of the spouse is consistent with the intent to end the marriage. This may not mean that the parties actually live separate and apart but there is a communicated intention to not remain married and there are actions which support this intention. This date is important because it is the date that the community estate ends and all property or debts acquired after this date are separate.

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