What Is the Date of Separation?
In Pennsylvania, the date of separation marks the end of a marital relationship. This date is crucial as it can significantly impact property division, spousal support, and other divorce-related the "cessation of cohabitation," which can occur even if both parties remain in the same residence.
Determining the exact date of separation can be complex, as it requires evidence demonstrating a clear intent to end the marriage. Factors like separate living arrangements, financial independence, and changes in behavior are often considered. We will discuss this in further detail below.
Why a Date of Separation Is Important
In Pennsylvania, the date of separation is a critical aspect of divorce proceedings, as it significantly impacts various aspects of the divorce settlement, including the following:
- Property division. The date of separation significantly influences how marital property is divided in Pennsylvania divorce proceedings. Property acquired before the separation is generally considered marital property, subject to equitable distribution. This means the court will divide these assets fairly between the spouses, considering factors such as the length of the marriage, the contributions of each spouse, and the economic circumstances of both parties. Conversely, property acquired after the date of separation is typically considered separate property and may not be subject to division. However, there are exceptions, such as when marital funds were used to purchase the property.
- Spousal support. The duration of marriage and the date of separation are factors considered when determining spousal support eligibility and amount. The date of separation is a crucial factor in determining spousal support, or alimony, in Pennsylvania divorce proceedings. The length of the marriage is one of several factors considered by the court when deciding whether to award spousal support and how much to award. Generally, the longer the marriage, the more likely it is that spousal support will be awarded. The date of separation helps determine the length of the marriage for this purpose. Additionally, the court considers the standard of living established during the marriage and the ability of each spouse to maintain a comparable lifestyle after the separation. The date of separation can impact this assessment as well.
Your date of separation can also have tax implications. Income earned after your date of separation may not have to be reported by each spouse as equal earnings and withholdings.
Establishing Your Date of Separation
As we mentioned, you need clear and compelling evidence that one or both parties intended to end the marriage. Thus, you should collect evidence that shows that you took certain actions to separate your lives or reinforce your commitment to ending your marriage. Consider using the following evidence:
- Evidence of physical separation. If you have a lease agreement for a separate apartment, utility bills, or a proven rental history, these documents can support your date of separation.
- Evidence of financial independence or separation. You can also establish your date of separation by submitting evidence of separate bank accounts, credit cards, or tax concerns. If you are unable to gain financial independence, you can use evidence of meeting with banking professionals or financial advisors to prove that you were taking steps to separate your life and consider life post-divorce.
- Evidence showing communicated intent. If you have evidence of verbal or written communication where you express your desire to end the marriage, that can be valuable evidence.
- Evidence showing behavioral changes. Documentation of altered living arrangements, decreased intimacy, or changes in social interactions can support your claim.
You may also consider presenting evidence that you stopped acting like a couple. For instance, if you stopped wearing your ring, either party started dating again, or you stopped sleeping together.
Spouses Can Disagree
Spouses often disagree on their date of separation for the following reasons:
- Separations have a subjective nature:
- Intent. Separation is not just about physical separation; it's also about the mental intent to end the marriage. This is highly subjective, and individuals may have different perspectives on when that point was reached.
- Gradual nature of the process. Often, the breakdown of a marriage is a gradual process rather than a sudden event. It can be difficult to pinpoint a specific date when the relationship irrevocably ended.
- Either party has worries about the financial implications. As we mentioned, your date of separation has a great impact on various aspects of your divorce, and couples may argue over the date if they want to influence the alimony or property division process.
- There can be emotional factors at play:
- Denial. One spouse might deny the seriousness of the marital problems and believe the separation occurred later than it actually did.
- Blame. Disagreements over the separation date can be a way to assign blame for the failed marriage.
What Happens If Parties Disagree on the Date of Separation?
If you and your spouse cannot agree on a separation date, the court will ultimately decide based on the evidence presented. It is important to note that the more evidence you have, the better. You should work with an experienced attorney, as they can help you collect evidence.
Talk with an Attorney
At William Kirby Law, Family Law Attorneys, we pride ourselves on being action-oriented professionals. Should you be considering divorce, our team can take a client-centered approach to your case and offer you personalized counsel. Whether that involves walking you through what the divorce process looks like, helping you collect evidence to support your claims (including those related to your date of separation), or representing your interest in court or negotiations, our team is ready and able to advise you.
Call (215) 515-9901 to schedule a case consultation. We offer same-day appointments based on availability.