What is the “Date of Separation” and How Does it Influence Marital Property Decisions After Divorce?

The date of separation is a crucial concept when it comes to Pennsylvania divorces. It has significant implications for how property is divided during your divorce. It acts as a dividing line that distinguishes property that is subject to equitable distribution from separate property that is owned solely by one spouse. In this article, the Philadelphia, PA, divorce lawyers at the Law Offices of Lauren H. Kane will discuss the date of separation and how it applies to Pennsylvania divorces.

Defining the date of separation

According to Pennsylvania law, the date of separation is defined as the “cessation of cohabitation, whether living in the same residence or not.” This confusing language means that couples can be considered separated even if they continue to live under the same roof, as long as they are no longer functioning as a married couple.

Establishing the date of separation can be challenging, since it requires “clear and convincing” evidence that one or both parties intended to end the marriage and clearly communicated their intentions to the other spouse.

What evidence can be used to establish the date of separation? 

The Pennsylvania courts will look at various factors to determine when the couple began living “separate and apart.” These include:

• Physical separation – One spouse moves out of the marital home.
• Financial independence – One spouse opens a separate bank account or begins taking steps toward financial independence.
• Verbal communication – One spouse expresses the desire to end the marriage through either verbal or written communication.
• Changes in behavior – The spouses have different living arrangements, decreased intimacy, or changes in social interactions.

While some states require the divorcing spouses to reside under different roofs to be considered legally separated, Pennsylvania does not have a formal legal separation process. For that reason, couples can choose to live separately and make arrangements for property and custody without court intervention.

How does the date of separation affect marital property?

The date of separation acts as a demarcation for acquiring marital property and marital debt. In other words, an asset or debt is considered part of the marital estate if it was purchased or acquired before the date of separation. If it was acquired after the date of separation, it belongs entirely to one spouse as opposed to the marital estate.

If the asset or debt was acquired before the date of separation, it is part of the marital estate and therefore, subject to equitable distribution. Property acquired after the date of separation is considered separate property and is thus not subject to division. There are, however, certain exceptions, such as when marital funds are used to purchase property during or after the separation period.

Talk to a Philadelphia, PA, Divorce Lawyer Today

The Philadelphia family lawyers at the Law Offices of Lauren H. Kane represent the interests of those seeking to get a divorce from their spouse. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.