In California, what a spouse earns before the date of separation usually belongs to both spouses, while what they earn after that date belongs to them individually. This date draws the line and can also determine how long spousal support will last.
Most couples don’t think about divorce until the petition is filed. By then, the date of the divorce may already be disputed.
How California Defines the Date of Separation
Family Code section 70 defines a “complete and final break” in the marriage as a situation where both of the following conditions are met:
- One spouse has expressed to the other their intention to end the marriage.
- The spouse’s actions and conduct are consistent with this intention.
The court considers all relevant evidence. Moving out is not required. Section 70 came into effect on January 1, 2017, reversing In re Marriage of Davis (2015) 61 Cal.4th 846, which required separate homes. Today, couples can live together under the same roof.
That flexibility can work both ways. Without a truck to mark the day, judges look at the details of a marriage breakup:
- Texts or emails announcing the end of the relationship
- Separate bedrooms, bank accounts, and daily routines
- Whether you continue to file joint tax returns (this can often point the other way)
- Holidays and vacations that were previously shared
- What you told friends and family
- Starting a new relationship
Earnings and Property After Separation
Under Family Code section 771, earnings and accumulated funds after the date of separation are separate property of the spouse who earned them, including salary, bonuses and new retirement contributions. Pensions are divided the same way, with only the portion earned during marriage being community property.
An earlier date shrinks the community estate. A later date expands it.
Separation is not the same as valuation. Community assets are usually valued close to the trial, so a home that has gained value after separation may still be shared. Debts follow their own path: those that one spouse takes on after separation, except for basic necessities, usually stay with that spouse.
The Ten-Year Line for Spousal Support
The date of separation also determines the length of a marriage. Under Section 4336 of the Family Code, a marriage lasting ten years or longer, measured from the wedding date to the date of separation, is assumed to be long-lasting. The court generally retains jurisdiction over support for an indefinite period.
For shorter marriages, the Family Code section 4320 provides support for a marriage lasting approximately half the length. If the date is moved by a few months, a case may fall on either side of the 10-year mark.
Separation Doesn’t End Your Financial Duties
Your obligations to your spouse continue after the date of separation. Both spouses must continue to make full financial disclosures and manage community assets in good faith until those assets are divided.
Protecting the Date That Applies to You
If you have decided that the marriage is over, act accordingly and keep evidence:
- Tell your spouse in writing
- Open separate accounts and stop mixing funds
- Keep a simple log of key dates
- Speak with a family lawyer before filing for divorce
Let Roberts & Zatlin Help You Get the Date Right
The date of separation is a factual issue, and the spouse who has stronger evidence usually wins. Whether you are just beginning the process or you already disagree about when the marriage ended, Roberts & Zatlin can review your timeline, identify relevant records, and explain how the date affects your assets and support. Contact us to schedule a free consultation before a date is set.
