Date of Separation

The date of separation is when one spouse clearly indicates their intention to end the marriage and acts in a way that supports that intention. After this date, any earnings are considered separate property rather than community property, which can lead to disputes over the valuation of assets.

Hannah and Jake have been married for ten years but have been living apart since January 1, 2023, after Hannah told Jake she wanted a divorce. She has been working full-time since the separation, earning a salary that she claims is her separate property. The court determines that the date of separation is indeed January 1, 2023, and thus Hannah's earnings after that date are her separate property.

Separation starts when intent meets action, and earnings after that are solo gains.

Exams often present scenarios where the intent to separate is ambiguous, leading students to misinterpret the date of separation. Students may confuse the date of separation with the date of filing for divorce.

Questions typically include fact patterns that highlight changes in living arrangements or communication between spouses, testing the candidate's ability to identify the date of separation and its implications for property division.