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Separation Date in CA

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cabianca

Junior Member
What is the name of your state? CA

Wife declares she is moving out in June and had already signed a lease on an apartment to move in the following month of July. Now after having moved into her apartment she files papers indicating Separation date of July 15 instead of June 15 in order to try and get additional $$ from my next month pay. Based on her telling me she was moving out and her actually signing a lease to do so do I have a good case for keep the separation date back in June and protecting my earnings from July ?
 


LdiJ

Senior Member
What is the name of your state? CA

Wife declares she is moving out in June and had already signed a lease on an apartment to move in the following month of July. Now after having moved into her apartment she files papers indicating Separation date of July 15 instead of June 15 in order to try and get additional $$ from my next month pay. Based on her telling me she was moving out and her actually signing a lease to do so do I have a good case for keep the separation date back in June and protecting my earnings from July ?
Explain why you think that your earnings need to be protected? From what?

You didn't separate in June, you separated in July. You were still living in the same residence in June.
 

cabianca

Junior Member
anything earned beyond the date of separation is no longer community property from the perspective of her having 50% right to it. She can of course use it as a basis for determining spousal support but that should be all.

Why would she have any additional rights beyond the date she has signed the lease ? she has already "logically" left. She is just waiting to move in.

The date of separation is not "physical" separation in CA but when you realize the relationship is over. I would think her signing a lease in June to move out in July should be substance enough.
 

Ohiogal

Queen Bee
anything earned beyond the date of separation is no longer community property from the perspective of her having 50% right to it. She can of course use it as a basis for determining spousal support but that should be all.

Why would she have any additional rights beyond the date she has signed the lease ? she has already "logically" left. She is just waiting to move in.

The date of separation is not "physical" separation in CA but when you realize the relationship is over. I would think her signing a lease in June to move out in July should be substance enough.
Was that a legal separation? Or just her moving out? Those are two different things.
 

ezmarelda

Member
The date of separation is not "physical" separation in CA but when you realize the relationship is over. I would think her signing a lease in June to move out in July should be substance enough.
I am not so sure about that statement...if it worked that way I would have been *separated* for 6 & 1/2 years of my 7 year marriage:p :rolleyes:
 

cabianca

Junior Member
let me clarify .. per California Courts Self-Help Center http://www.courtinfo.ca.gov/selfhelp/

Date of Separation:

This is the date when you and your spouse knew your marriage was over, even if you were still living together.You may need to talk to a family law lawyer to decide what the “date of separation” was, especially if you and your spouse lived apart or had “trial separations” in the past. ALERT! The date between the date of your marriage and date of separation will define the length of your marriage. The “Length of Marriage” can seriously affect the division of property and debts and payment of spousal support!

So, if my wife and I agreed that it was over on June 15 (we had this conversation but now she is saying that she had doubts into July) , she signs a lease to get an apartment, splits the checking account all in June then would this not help to better define the "date of separation" as June as opposed to July? In my Response to her filing I have indicated June 15 as the "date of separation". I am hoping a divorce is a two way street and each person's perspective on "date of separation" is taken into consideration .. :eek:
 

LdiJ

Senior Member
let me clarify .. per California Courts Self-Help Center http://www.courtinfo.ca.gov/selfhelp/

Date of Separation:

This is the date when you and your spouse knew your marriage was over, even if you were still living together.You may need to talk to a family law lawyer to decide what the “date of separation” was, especially if you and your spouse lived apart or had “trial separations” in the past. ALERT! The date between the date of your marriage and date of separation will define the length of your marriage. The “Length of Marriage” can seriously affect the division of property and debts and payment of spousal support!

So, if my wife and I agreed that it was over on June 15 (we had this conversation but now she is saying that she had doubts into July) , she signs a lease to get an apartment, splits the checking account all in June then would this not help to better define the "date of separation" as June as opposed to July? In my Response to her filing I have indicated June 15 as the "date of separation". I am hoping a divorce is a two way street and each person's perspective on "date of separation" is taken into consideration .. :eek:
Did you recieve some major amount of money in July? A bonus or something? Because otherwise, you are really over-worrying about the issue. Your disposable salary after the bills are paid, for one month, is going to be a bit of a drop in the bucket once the entire property settlement is put together.
 

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