notanexpert
recently joined
Reged: 03/11/08
Posts: 2
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Here is the cliffnotes version of my situation:
A protective order was filed and awarded to me in September 07 and my husband was forced to move out of our home. Although I have not started divorce or legal separation proceedings, I've read that many different factors may determine the date of separation...one being that the parties no longer co-habitate (which can be applied to my case).
Although we do not live together, we have continued to be financially dependant on one another. He is self-employed and I was laid off back in October and have not been able to find work. Luckily, I had a substantial savings that we both contributed in depleting (paying joint bills, expense of living, etc.). He is a residential and commercial loan officer and began working on a multi-million dollar deal before the domestic incident occured. Once his deal closes, will he be legally obligated to split any earning with me? Or will the factor of us not living together and being "separated" supercede this? At this point, we still have a joint bank account that we both contribute to and utilize.
Any help is greatly appreciated.
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gettingby
journeyman
Reged: 04/24/07
Posts: 89
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The date of separation is irrelevant until you actually file. At the moment you are not legally separated because no paperwork has been filed with the courts.When you do file, the date of separate can be the date you filed for divorce (very typical), the date you began living separately, or some other date mutually agreeable. Since no paperwork has been filed, you are not separated.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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The separation date is subjective and depends on teh particular facts. See http://www.divorcesource.com/research/edj/cutoff/95nov128.shtml
"California uses the date of separation as the crucial date for determining the spouses' property interests: property acquired by a spouse after the date of separation is classified as that spouse's separate property, whereas property acquired before the date of separation is community property. The discussion in In re Marriage of Hardin may be of interest to lawyers in equitable distribution states that likewise use the date of separation as the cutoff date for marital property. The court endorsed a subjective test that depends upon an assessment of all relevant evidence rather than only one or two factors being considered dispositive."
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