Divorce & Finances: Why Your Date of Separation Matters

What Is the Date of Separation & Why Does It Matter?

In Florida, couples do not have the option of filing for legal separation before theydivorce. However, the date that couples decide to separate, which is referred to as the date of separation, is important as it can affect the property division process. Assets and debts acquired after the date of separation will be considered separate assets and debts, which are not subject to division.

For example, let’s say John and Lilac have filed for divorce and claim that their date of separation is July 3rd. If John applies to go to school and takes out student loans in August, that debt is separate debt and is not subject to division. However, complications can arise if John and Lilac disagree on the date of separation.

What If You & Your Spouse Disagree on the Date of Separation?

If you and your spouse cannot agree on a date of separation, the court will have to decide on a date. You and the other party can submit evidence to prove when the date of separation is. The evidence submitted should show that either party had the intent to end your marriage. However, simply saying you thought about divorce or had serious intent to file for divorce isn’t sufficient.

Evidence that can be used to prove your date of separation includes:

  • Testimony from friends or families that you have shared your plans with
  • Proof that you have changed residences or moved into another room in your shared residence
  • Your search history (that includes search inquiries into divorce petitions)
  • Proof that you have met and discussed the possibility of divorce with an attorney

Get Legal Help

At Dale L. Bernstein, Chartered Law Office, our attorney has over 30 years of legal experience and is equipped to help you collect evidence to prove your date of separation. We understand how much you may value your property and can work tirelessly to help you achieve the best possible property division settlement.

Trusted by our previous clients and known for being extremely knowledgeable, you can trust our attorney to support you throughout the entire divorce process. Whether you need help establishing a date of separation, understanding your legal options, or developing a personalized case strategy, our firm is prepared to help.

Learn more about how our firm can help you with the divorce and property division process by calling (727) 312-1112 orcontacting us online.


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