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What is the "Separation Date"?

The separation date can be an important date in the legal process.

In many states, after the "separation date"...

  • Each party is legally responsible for his or her own debts.
  • Each party can keep his or her own income and not divide it in the divorce with the other spouse.
  • The period for calculating the "marital portion" of the pension ends.

Typically, the separation date is defined by a physical action: one party's moving out and not returning.

However, it can be less concrete, ending when "actions bespeak the finality of the marriage relationship."

Or, it can be later, when the divorce papers are filed, or even as late as the trial date.

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