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When should be the separation date?

Anonymous Asked:

I have separated with my spouse a couple of years. However, we have not completed our property splitting yet. My question is whether there is a clear definition on property splitting date? In fact, its relevant question is when should be the separation date? The last date (D1) of a sexual request was rejected? The first day (D2) when we discussed separation? The first date (D3) we agreed to separate? The date (D4) 1 year later than D3? This impacts property splitting when the spouses have different income.

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Jennifer M. Long, B.A. J.D.
10 years ago

​ Yes the separation date is very important and there can be many variables to determine this. Lack of sexual relations does not necessarily mean that you are separated. Generally speaking the date of separation is the date on which one or both parties have made a clear decision and communicated it by actions or words, to separate. The date of separation is important as it is the date that the property values "crystalize" (with certain exceptions such as joint property or a jointly held matrimonial home which you should discuss with a lawyer)​ for purposes of property division. Likely the separation date is the first date you agreed to separate, but you should meet with a lawyer to provide full details of the circumstances to get clear advice.

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