Effect of Separation Flashcards
1
Q
Date of separation.
A
The date of separation means the date that a complete and final break in the marital relationship has occurred, as evidenced by the two following facts: (1) the spouse has expressed his or her intent to end the marriage to the other spouse; and (2) the conduct of the spouse is consistent with his or her intent to end the marriage
2
Q
Under same roof exception
A
As of 2017, a couple can be considered “living separate and apart” while still living under the same roof for purposes of establishing a date of separation as a precursor of divorce.
3
Q
Earnings after separation.
A
The earnings and accumulations of a spouse while living separate and apart from the other spouse, are the separate property of the spouse.
