Wednesday, April 13, 2016

Why the date of separation is paramount when it comes to finances and divorce?

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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