According to legal
experts the date of separation is more important than the date of divorce even
though couples are generally more concerned about the latter. The date of
separation impacts important aspects of divorce such as alimony, property division, and child custody.
Determining
the Date of Separation
For the most part, the date of
separation is the date from when the spouses start living separate lives. For
example, the date on which a spouse moves out of the family home with the
intention of ending the marriage is often considered as the date of separation.
Divorce lawyers in Louisville, KY say
that there are instances when a spouse may have not moved out of the home for
financial and other reasons. In such a scenario other factors are taken into
account by judges to determine the date. For instance, if a spouse has started residing
in a separate bedroom in the house then the date on which the spouse made the
move is considered as the separation date.
You may have seen this in the show
Breaking Bad. When Walter White returned home, his wife was not too pleased but
could not do anything about it really since she could be construed as an
accomplice to her husband’s meth cooking operation and actions. They did not
sleep in the same bedrooms though, though that part is not clear.
There are instances when one a spouse
walks out of family home for good but has no intention of divorcing immediately
as seen in Breaking Bad when Walter White moves into a condo. If such is the
case then the judge will take the date of filing for divorce or the date of
hiring a legal pro as the date of separation.
Walter White thought he was too smart to
listen to anyone. Well, he did get away with his crimes but he ruined his
family in the process. He ruined his name too. Do not be a Walter White. Know
when you need help. This is when this virtual tool should enter your life. It
is Divorce.USAttorneys.com. This website can
help you solidify this divorce and help you come out of in a respectable
manner.
Relation
between Income and Property and Separation Date
In a majority of states income that both
the spouses earn during the course of their marriage is joint property and they
both have claims on the one another’s income as long as the marriage lasts.
This arrangement changes after separation. One spouse does not have any claim
on the income of the other and so the income remains his/hers to dispense as
they please. This is because income after separation is deemed as their
personal, separate property according to divorce attorneys in Kentucky.
However, if a spouse has made money
prior to the separation but has not paid the partner’s share until the
separation date, then this money will be considered as joint marital income.
This means he/she will have to part with the spouse’s share after the date of
separation. Louisville, KY divorce lawyers point out that the period when the
income was earned is therefore critical.
For example, if a separation happens in
the middle of the year but a spouse
gets a year-end bonus, the judge will split the earning equally. Similarly,
if a couple buys a marital home or a car, ATV, boat, for example, before the
separation with joint funds then these properties may be sold and the money may
be divided equally.
Impact
on Alimony and Child Support
A spouse becomes responsible for alimony
and child support from the date of separation. For example, there are instances
where the husband who is the sole earning member of the family moves out of the
family home. In such a situation, the court often orders the husband to pay
temporary alimony and child support from the date on which he left the house.
There are some states however where the custodial parent can get alimony only
after filing for divorce.
If
you feel you and your spouse have reached a road block in your divorce,
and there are important financial matters to settle, you can always reach out
to a Kentucky divorce lawyer. Legal help can prove indispensible especially
when there are so many important life-altering decisions to make.
Contact us if you need any assistance.
We will probably call you back within a couple of hours.
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