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What Determines the date of separation?

Exactly what determines the actual Date of Separation varies among the states. In some, the DOS is the date you or your spouse actually physically relocates from the marital place of residence. Others define the DOS as the date in which the actual divorce papers are filed in a court of law. Still other states regard the DOS as the date on which one spouse officially informed the other that they INTEND to file for divorce. In some cases with regards to the last two situations, a couple may continue to live together even after the DOS, usually at the behest of financial reality. Therefore, no matter where you live, it is strongly recommended that you consult with your attorney as to exactly what laws are applicable to you and your circumstance.

For obvious reasons, each party will attempt to plead their case for the actual Date of Separation. For example, if you are to be held liable for debts incurred during the marriage, it is wise to establish the DOS before your spouse invades the mail with a pocket full of joint credit cards. Or, if a pension plan is due to receive a large payment in June, perhaps it would be wise to formally relocate from the place of marital residence in May. Again, there may be a great deal of money resting on the formal DOS.