Wednesday, January 27, 2010


The economic consequences relating to the determination of the date of separation can be significant. It is on this date that the entity known as the "community estate" is terminated and the spouses stop acquiring community property. The date of separation, however, has no impact on the parties' respective interest in previously acquired community property. All income earned after the date of separation is the separate property of the spouse who earned the income. Similarly, all debts and obligations accumulated following the date of separation are the separate obligations of the spouse who incurred the debts. All property rights, including those related to retirement benefits accruing after separation, are the separate property of the spouse acquiring the property. So, given its importance, just what is the "date of separation?"

For further information please contact the Law Offices of RENEE MARCELLE, 415-456-4444 or visit us online at


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