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.