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What is the Date of Separation and Why Does it Matter?

The "date of separation" is the date the marriage is considered to be over for purposes of such things as property division. Property acquired before the date of separation is considered community property, and property acquired after the DOS is the separate property of the spouse who acquired it. Spouses often agree on their date of separation. If they cannot agree, a court will look at expressions of subjective intent by one spouse that they intend the marriage to be over, as well as demonstrations of objective intent, such as moving out of the house or some other action that shows the marriage is over.

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Marie Comstock Marie Comstock is the managing partner of Comstock and Wagner. She co-founded the firm in 2011, with the goal of providing skilled and compassionate service to family law clients in Santa Maria, Santa Barbara County, and the Central Coast. Prior to Read More
Stephen A. Wagner's Profile Image
Stephen Wagner Stephen Wagner is a partner at Comstock & Wagner and has devoted his entire legal career to the practice of California Family Law. Steve is a California board-certified family law specialist and, in addition to his family law practice, he has taught… Read More

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