Why the Date of Separation is Important. 

In re the Marriage of Baragry – 73 Cal. App. 3d 444 (Cal. Ct. App. 1977)

The wife appealed a portion of the interlocutory judgment of dissolution, which fixed the date of the separate as 8/4/71, the date the husband moved from the family home.  Wife argues that the date should be 10/14/75, the date husband filed his petition for dissolution.  The Date of Separation is important because after that date, all property acquired by a spouse is their separate property.  This would preclude the wife herein of 4 years of accumulation of community property.

During the time between 1971 and 1975, the husband did live in another apartment with a girlfriend, but was “at home” 3-5 times a week for dinner, took his family on vacations, basketball games, etc. and still acted like he was a part of the household.   He sent cards and flowers to his wife, saying, “I love you.”  He paid all the bills and supported his family.  He regularly brought laundry home to his wife!  Wife tacitly agreed to all of this because she wanted reconciliation.  For four years, the husband maintained the faced of a marital relationship, now claiming that he had been legally separated from his wife on 8/4/71

The Court of Appeals held that there was not sufficient evidence to rebut the presumptive status of marriage continuing until 10/14/75, the judgment is reversed with costs to Wife.

Had the Court accepted the Husband’s argument that the date of separation was 8/4/71, she would have been cheated out of the accumulation of four years worth of community property, equity and interest that was gained during that time.

Morinelli & Lieberman Law Group can advise you as to what date of separation maximizes your benefits and property division.