Date of Separation

Property & Assets

The date when spouses permanently end marital cohabitation, often determining when property accumulation stops.

Example

The date of separation was disputed because he claimed they reconciled briefly.

Canadian Equivalent

In Canada, this is referred to as Date of Separation (begins one-year period for marriage breakdown ground; reconciliation of up to 90 days allowed).

Jurisdiction Variations

CALIFORNIA

Date of Separation (statutory definition under Family Code §70)

California defines date of separation as when one spouse communicates intent to end the marriage AND acts consistently with that intent

NORTH-CAROLINA

Date of Separation (requires physical separation)

North Carolina requires physical living apart; in-home separation not recognized for the required one-year period

NEW-YORK

Commencement of Action

New York uses date the action was commenced for economic cutoff, not separation date

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