For example, a spouse could prove a date of separation by moving into a separate room in the house or by filing for divorce.
There may also be cases when one spouse moves out of the marital residence but doesn’t intend to divorce the other spouse.
In some states, however, a spouse may only be eligible for child support or alimony after filing for divorce and asking for support.
It’s important to speak with an attorney soon after your date of separation to ensure you’re eligible to get the support you deserve.
For example, if a couple separates halfway through the year, but a spouse earns a year-end bonus, the court can decide that half of the bonus is marital property.
With stock options or other types of deferred payment, judges typically use the specific circumstances to value the asset as of the date of separation.
The specific definition of the “date of separation” varies from state to state, but it’s generally considered the date that spouses no longer live together as a married couple.
The most obvious example of a separation is when one spouse moves out of the marital home with the intent of ending the relationship.
For example, if a husband who earns all of the household income moved out of the marital residence, a court can order him to pay temporary child support and alimony from the date he left.
In these cases, the court will look for other evidence of when the couple intended to split, such as the date a spouse hires an attorney, communicates to the other spouse an intent to divorce, or actually files for divorce.
In most states, any income that a spouse earns during the marriage is considered marital property (also called “joint property” or “community property”).
Note that money a spouse earns prior to the date of separation that isn’t paid until after the date of separation is still marital property.
What’s important is , not when the income was paid.