In a dissolution of marriage or legal separation, the date the parties separated is important. It assists in the division of the assets, separate property (including earnings after separation), spousal support, and retirement accounts, particularly military retirements.
The court just issued a decision in Davis v. Davis (S215050) stating that the couple that is separated but still living together in the same home is not actually separated, and the earnings and accumulations of the parties in the case were therefore not considered separate property. This would seem to indicate a party would need to move out in order to be separated. However, the court included a footnote, stating the court did not consider whether there might be circumstances where parties lived under the same roof, but still established separate residences.
The laws and cases in California can be complicated, and Family Law is no exception. This case certainly shows that a careful reading of the law and consideration of the facts are important to the determination of a case, and why speaking with an attorney can be a great first step. It is also a reminder to not skip the footnotes!
