What is the Date of Separation in a California Divorce?
What is "Date of Separation" and how does it affect your case?
Many people "interchange" the term Date of Separation with the term Judgment of Separation. There is even more confusion with the term Living Separate and Apart. What does all of this mean and how does it affect your case?
JUDGMENT OF SEPARATION
After parties file a case with the court, whether for a divorce, annulment, or separation, they may obtain a Judgment of Separation. This means that the parties have separated, and have made some type of agreement regarding finances, custody or support and property division. However, they are technically still married. To obtain a judgment of separation, both parties need to agree to the judgment of separation. If one party does not, the Court must either terminate the marriage through divorce, or find a "nullity" of marriage. (This is also called and annulment)
What are the benefits of a Judgment of Separation?
One benefit is that this usually resolves all of the financial issues in the case. However, people previously got judgments of separation because many employers kept medical and health coverage benefits in place. Generally, this is no longer the case. Make sure to consult Palos Verdes Divorce Lawyer Kevin J Kensik to determine your rights.
DATE OF SEPARATION
The Date of Separation is the date parties typically decide to live "Separate and Apart" and also decide to end the marriage. This date can be critical because it may determine some of the following issues:
- Duration of Alimony, also known as Spousal Support
- Type of Retirement Benefits
- Determining other benefits, such as employment bonuses,
awards, business values and other items.
How can you know what dates are critical? Contact Redondo Beach Divorce Attorney Kevin J Kensik at 310-891-2300 or 310-704-0879.
Many people "interchange" the term Date of Separation with the term Judgment of Separation. There is even more confusion with the term Living Separate and Apart. What does all of this mean and how does it affect your case?
JUDGMENT OF SEPARATION
After parties file a case with the court, whether for a divorce, annulment, or separation, they may obtain a Judgment of Separation. This means that the parties have separated, and have made some type of agreement regarding finances, custody or support and property division. However, they are technically still married. To obtain a judgment of separation, both parties need to agree to the judgment of separation. If one party does not, the Court must either terminate the marriage through divorce, or find a "nullity" of marriage. (This is also called and annulment)
What are the benefits of a Judgment of Separation?
One benefit is that this usually resolves all of the financial issues in the case. However, people previously got judgments of separation because many employers kept medical and health coverage benefits in place. Generally, this is no longer the case. Make sure to consult Palos Verdes Divorce Lawyer Kevin J Kensik to determine your rights.
DATE OF SEPARATION
The Date of Separation is the date parties typically decide to live "Separate and Apart" and also decide to end the marriage. This date can be critical because it may determine some of the following issues:
- Duration of Alimony, also known as Spousal Support
- Type of Retirement Benefits
- Determining other benefits, such as employment bonuses,
awards, business values and other items.
How can you know what dates are critical? Contact Redondo Beach Divorce Attorney Kevin J Kensik at 310-891-2300 or 310-704-0879.
