During the divorce process, there are often references to a number of important dates, the Date of Marriage, the Date of Separation, and the Date of Divorce. In reality, with respect to a marriage, the beginning of the end traditionally comes with the Date of Separation and the impact of the date can be far-reaching.

Dependent upon the laws of the jurisdiction in which you reside, the actual Date of Separation can be very important and can have a dramatic effect on issues such as credit, pension benefits, and other matrimonial assets. From the date of separation onwards, you and your soon to be ex-spouse are now in a state of limbo both legally and financially. You’ll remain in this uncertain state until you either sign a separation agreement and /or finalize your Divorce.

During this time period, there is a potentially large amount of money at stake, depending upon you and your spouse's particular situation. You may still be held responsible for any debts incurred by your spouse after the Date of Separation; the value of a retirement plan or other marital asset such as residential property can go up or down, often by thousands of dollars, contingent upon the applicable laws of your home jurisdiction.

What Determines the Date of Separation?

Exactly what determines the actual Date of Separation varies from one jurisdiction to another. In some jurisdictions, the Date of Separation is the date you or your spouse actually physically relocates from the matrimonial home. Other jurisdictions define the Date of Separation as the date in which the actual divorce papers are filed in a court of law. Still other jurisdictions regard the Date of Separation as the date on which one spouse officially informs the other that the marriage is over and that they intent to file for divorce. In some instances, with regards to the last two situations, a couple may continue to live together even after the Date of Separation, usually because neither can afford to move out on their own.

No matter where you live, it is strongly recommended that you consult with a lawyer as to exactly what laws are applicable to you and your particular circumstances.

Please note that this information is general in nature and not intended to be a substitute for legal advice. If you would like to know more about using a Collaborative Approach to negotiate n agreement with your spouse following the breakdown your marriage or common law relationship, please contact a lawyer. You can get free information about how to select and retain a lawyer by getting a copy of the FREE REPORT offered at the top right-hand corner of this page. Do not sign a separation agreement without independent legal advice.