The date of separation really does matter. Normally the date of separation is obvious. But there are times when it is not. In fact, the parties may legitimately have a widely different perspective of what is the date of separation.
Often parties separate, reconcile, then separate, then reconcile. This cycle repeats until there is a complete and final break. If not uncommon for the Family Court to bifurcate (divide) a divorce and have a separate trial solely on the separation date because of legal and financial consequences.
However, in a community property state, all earnings and acquisitions during the marriage are presumptively community assets. By the same token, debts acquired during the marriage are presumptively community debts. After separation, all earnings and acquisitions are separated from the party who earned it or acquired it.
By the same token, debts acquired after separation are presumptively the separate property debt of the party that incurred the debt. It is not uncommon for one party to make large withdrawals from the joint checking account.
Not only does the date of separation affect the division of assets and debts but also the presumptive years of spousal support the parties may have to pay each other.
In California, in a marriage of long duration (over 10 years), a court will not, normally, order a termination date for spousal support in a marriage of long duration.
