SB 1255: Dissolution of marriage: date of separation.

Existing law regulates the characterization and division of property upon the dissolution of marriage or the legal separation of the parties. Under existing law, debt incurred by a spouse after the date of separation is generally confirmed to that spouse. Existing law similarly provides that the earnings of a spouse are separate property if the spouse is living separate and apart from the other spouse.

Under existing case law, a spouse is required to be living in a separate residence in order to be considered living separate and apart from the other spouse for purposes of characterizing the earnings of the spouse.

This bill would define date of separation for purposes of the Family Code to mean the date that a complete and final break in the marital relationship has occurred, as evidenced by the spouses expression of his or her intent to end the marriage and conduct that is consistent with that intent. The bill would direct a court to take into account all relevant evidence in determining the date of separation.