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Family

Sep. 11, 2018

Evolving definitions of the ‘date of separation’ in California

When dividing community property in a dissolution case, the determination of when the parties separated is key.

Marina Manoukian

ADLI Law Group PC

Email: marina.manoukian@adlilaw.com

Marina is the head of the firm's family law practice. She focuses on assisting individuals seeking a divorce, reaching agreement or going to court for marriage dissolution, division of marital assets, child custody, and child and spousal support.

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In a community property state such as California, a determination of the date of separation is an important part of the division of community assets and debts. In California, assets and debts acquired before the marriage and after separation are usually considered to be the separate asset or obligation of the person acquiring it. Family Code Sections 770 and 771. As a result, a determination of the date of separation can have any impact on whether an asset or debt bel...

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