What is the date of separation?

In some states, the date of separation is the date the divorce petition was served or signed, or it may be the date where one party moves out of the marital home.  The date of separation is important because:

  • It defines a sort of "snapshot" date where the couple’s finances are theoretically frozen for the purposes of later splitting the finances.
  • Taking a lower paying job after the date of separation will be highly suspect as it could appear to be for the purpose of reducing child support payments.
  • The date of separation is also the start of the waiting period for the final divorce.  Check with the clerk of courts or online for your state’s waiting period – usually 3 to 12 months.  This is considered a cooling off period.