When you are getting divorced, one of the most important factors is the date of separation. This is when you and your partner are no longer considered to be living together as a married couple. While you are not officially divorced, you have separated with the intent of ending your marriage. If you are considering separating or have already separated and plan on getting a divorce, it's important to talk to a divorce lawyer about this.
You Don't Have to Move Out to Separate
If you are considering separating, but do not believe that you can afford to move out of your marital home, you are still able to separate. However, what is considered "separation" can be complicated and you will need to speak with a divorce lawyer.
For example, you might publically announce that you are getting a divorce and you and your partner might move into different rooms. This could be used as evidence that you intended to get a divorce. Also, if you hire a divorce attorney, the date on which you hire the attorney could be used as the date of your separation.
Separation Affects How Your Assets are Divided
The date of separation matters if you will be having your assets divided. This is because any income you earn while you are still married will be subjected to divorce proceedings. These assets will need to be divided up evenly. This is even the case for the income you earn before you became separated that you were paid after you became separated.
Investments Can Be Difficult to Divide
One complication is when dividing investments. In some cases, the value of the investment prior to getting separated will be taken into account rather than the value of the investment later on. However, this depends on the state in which you reside and you will need to consult with a divorce lawyer who is licensed to practice in your state.
Separation Can Affect Child Support
If you become separated and your partner moves out of your home, the partner might be required to pay temporary child support when you are considered to be separated. Therefore, the sooner you are separated, the more you will be entitled to child support. For this reason, it's essential to work with a professional divorce lawyer who will be able to help you prove that you were separated sooner than your ex-spouse claims.