Ending your marriage does not always mean you can afford to move out immediately. You and your spouse may need to share a home while managing expenses or caring for your children. Fortunately, California law allows you to establish a date of separation even while living under the same roof. However, sharing an address can make it harder to determine when your marriage officially ended.
How can you show that your marriage has ended?
Under California Family Code Section 70, your date of separation marks a complete and final break in your marriage. One spouse must tell the other that they intend to end the marriage and act in ways that match that decision. Both spouses do not have to agree.
Even if you continue living together, courts may consider evidence such as:
- Keeping separate bank accounts and managing finances independently
- Telling family or friends that your marriage has ended
- Following separate routines and no longer presenting yourselves as a couple, including on social media
No single action proves that you have separated. Courts look at all the facts to decide whether your marriage has ended.
Why does your separation date matter financially?
Your separation date affects more than your living arrangements. It can determine whether certain assets and debts are community or separate property. Under Family Code Section 771, earnings after separation generally belong to the spouse who earned them.
Your separation date also helps determine the length of your marriage, which can affect spousal support, also called alimony. California courts consider this length along with other factors when deciding how long support may last.
What if you disagree about the separation date?
Sharing a home can make your separation date harder to establish. If you and your spouse disagree, a judge may examine your communications, financial records and behavior.
Because this date can affect your property, debts and spousal support, resolving disagreements about it matters. A family law attorney can help you understand what evidence may be relevant and how a disputed date could affect your divorce.