California law and determining date of separation

The California Bar Association's website states that separate property includes "property received after the date of your separation with your separate earnings." How is such a date determined? My wife moved out 5 weeks ago, is paying rent elsewhere, and has filed a change of address form. However, we have not filled out Legal Separation paperwork. I've already given her 1/2 of my savings, and will be able to save close to $20K between the dates of her leaving me and the end of June. She is refusing to communicate and decide on our future unti the beginning of May. Is the money I save beginning after I gave her 50% of my savings considered separate property?

Thanks.

by ChristopherSly 14 Posts
Posted on 3/23/2009 1:46 PM

Get Alerts!

send to friend

Send to a friend

California law and determining date of separation on divorce360.com

E-mail: Separate multiple addresses with commas(,)

From (Your name) :

Your e-mail address:

California legal questions on divorce360.com

0	Flag item :: Why are you flagging item: Submit \| Cancel

Tags:
See more posts in California

Answers for "California law and determining date of separation" (3) (You must be logged in to answer)

So it's not the date he/she moves out?

by sy 34 Posts
Posted on 5/21/2009 10:27 PM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

Thanks for the answer, spaznskitz, and ugh...

by ChristopherSly 14 Posts
Posted on 3/24/2009 9:04 PM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

No. The legal separation date is determined by the date it is decided by BOTH people that the marriage is no longer working and steps are taking to end it.

With what you wrote, she wants a break and won't discuss if you have a future until May - so legally, that means you two are not separated with intent to divorce.

It's an arguable point - and one if you can't come to an agreement on will end up being the date you file paperwork.

by spaznskitz 7745 Posts
Posted on 3/23/2009 3:17 PM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

Divorce360.com is not a substitute for advice from a lawyer, accountant, financial planner, therapist or other professional to obtain advice. Divorce360.com is not intended to, and should not, take the place of professional advice. The opinions expressed in the divorce360.com message boards are those of the author and the author alone. Divorce360.com does not endorse any specific product or service.