Everything You Need to Know About “Date of Separation”
The date of separation in a divorce refers to when one or both spouses no longer wish to maintain their marital relationship. A spouse can show this in various ways, most commonly by permanently leaving the marital home or if one spouse files for divorce.
What Can Make a Date Of Separation Unclear?
There are several situations where the date of separation between spouses can be unclear. For example, this may occur when the couple lives under the same roof but in separate bedrooms. It can also happen if they live apart yet still attend marriage counseling or take vacations together. Additionally, couples undergoing a “trial separation” who may not have informed their children or families may not be seen as actually separated. If you find yourself in any of these scenarios, it may be more difficult for a court to confirm that the parties’ marriage was defunct, which can lead to disputes over the official date of separation.
Why Is the Date Of Separation Important?
In Washington law, property acquired before the date of separation is classified as community property, while property acquired after the date of separation is considered separate property. According to RCW 26.16.140, when spouses or domestic partners are living apart, the earnings and accumulations of each individual will be regarded as their separate property.
The practical implications of this situation can be extremely costly if a person is not attentive. For example, consider a couple that decides they may want to file for divorce in the future, but they continue to live in separate rooms in the family home to save money. After nine months, the wife files for divorce, stating their separation date as the time they moved into separate rooms. The husband, aware that his wife was awarded significant stocks and that her retirement assets grew considerably during those nine months, wants to claim that the separation date should be when she filed for divorce. This disagreement results in a contentious battle over the “separation date.”
However, all of this could have been avoided if she had read this article and clearly established their separation date nine months earlier. This doesn’t mean she had to force her husband to move out; rather, she simply needed to either file for divorce or confirm in writing with her husband what their date of separation was.
Post-Separation, Fiduciary Duty Remains
Once the date of separation is determined, you will begin to acquire separate property. However, it’s crucial to understand that both parties have a fiduciary duty to protect their community assets until the divorce is finalized and the assets are equitably divided. In Washington State, a Financial Temporary Restraining Order is issued when a divorce case is filed. This order mandates that both parties refrain from transferring, removing, encumbering, concealing, or damaging any community assets. Your rights and responsibilities regarding these assets are clear and legally binding.
Child Support, Spousal Support and Date Of Separation
The date of separation can become even more critical if a judge uses it to order child support or spousal support retroactive to the date of separation.
Determining whether to contest your partner’s posed date of separation, move out of the family home, or file your divorce case sooner are all critical decisions that a family law attorney at Beresford Booth can help you with. Call (425) 776-4100 to request a consultation.
