It is easy for most family law clients to answer the question: When did you begin living together in a marriage-like relationship? It is far more difficult for clients to answer: When did you separate?
Typical answers include:
“‘We’ve been living apart but in the same home for years…”;
“We have not been intimate in months…”
“We rarely go out together…”
“We have had separate bedrooms for years…
At this point, lawyers and family mediators engage their clients in a discussion on the Law and the importance of establishing a ‘Separation Date’. Generally speaking, a separation date is important for a few reasons:
Parties who are married can only be divorced from one another when they have lived separate and apart for a period of one year and have not attempted reconciliation for a period of more than 90 days within that year;
Part 5 of the Family Law Act stipulates the separation date is important as it has implication on the valuation of assets including pensions; and
The quantum and duration of spousal support ultimately depends on the years of marriage or length of the marriage-like relationship.
If spouses live under the same roof but are doing so only for the interim, for the sake of practicality, it is wise to have a Written Agreement, confirming your intentions to separate and the date of separation.
If you (and your spouse) cannot agree on the Date of Separation, your lawyer or family mediator can help you establish a reasonable date.
