What Is the Date of Separation and Why Does It Matter in a California Divorce?
/In California divorce cases, few things carry as much legal and financial weight as the date of separation. It marks the dividing line between what’s considered community property—shared by both spouses—and what’s separate property, belonging to just one person. And yet, this one date is often a point of serious disagreement.
What is the Legal Definition?
Under California law, the date of separation is the day when:
One spouse clearly communicates to the other that the marriage is over; and
Their behavior after that point is consistent with the decision to end the marriage.
It’s not enough to just say you’re done. The court looks for actions that show you meant it—moving out, setting up a separate bank account, telling friends and family, or changing how you live together (or don’t).
Why It Matters
Property Division
California is a community property state. That means anything earned or acquired between the date of marriage and the date of separation is generally split 50/50. But anything acquired after the date of separation is usually separate property. So if your spouse got a bonus or bought a house after the separation date, that could be yours—or theirs—depending on what the court finds.
Spousal Support
The length of your marriage affects spousal support. If the date of separation makes the marriage under 10 years, the court may limit support to half the length of the marriage. If it’s over 10 years, it could be considered a long-term marriage, with different support rules.
Debt Responsibility
Just like assets, debts incurred during the marriage are presumed community. After separation, those debts are typically the responsibility of the person who incurred them.
It’s Not Always Clear
Sometimes, the date is obvious—someone moves out and says, “It’s over.” Other times, things are murky. Maybe one spouse files for divorce but then reconciles. Maybe you stayed living under the same roof but stopped being a couple in every other way. In cases like these, courts will dig into the details: emails, texts, lease agreements, bank records, even holiday photos.
If You Disagree on the Date
Disputes over the date of separation are common and can lead to a trial. Both sides will present evidence to support their version of events. The judge will decide which story lines up with the law and the facts.
Bottom Line
If you’re separating or divorcing, be thoughtful about when and how you communicate your intent to end the marriage—and how your actions line up afterward. The date of separation isn’t just symbolic; it can significantly affect your financial future.
If you’re unsure how the date of separation might affect your case, or you’re in a dispute about when the separation occurred, I can help you sort through the facts and prepare a strong case.