Dodd & Dodd Attorneys, PLLC

Dodd & Dodd Attorneys, PLLC Louisville Kentucky

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What Constitutes the Date of Separation in a Louisville Divorce

What is the Date of Separation in a Louisville Divorce - Family Lawyers

What constitutes the date of separation in a Louisville divorce and why is this such an important date in the process of your divorce in Louisville or Jefferson County?

The “Date of Separation” used to be the date the couple physically moved out and separated households prior to a divorce. Kentucky law on the subject was recently changed to reflect the difficult economic realities for those wishing to divorce.

The Date of Separation has been defined by the legislature as the date when an “irretrievable breakdown in the marital relationship has occurred.” This must usually be supported by two things:

1. Notification – one spouse has expressed their specific intent to end the marriage to the other spouse. It is best if this is accomplished in writing but is not required to be, and

2. The former spouses have subsequently been “living apart” for at least 60 days by separating and paying their own share of expenses and refraining from intimate contact consistent with the intent to bring the marriage to an end.

While these are the legal factors of what constitutes the Date of Separation in a Louisville divorce why is it important? All money earned and property acquired during the course of the divorce is considered to be “marital property” and it must be divided equally.  The Date of Separation is the day the “marital property” ends in terms of assets, debts and financial investments and accounts.

After the Date of Separation, each former spouse should consider opening “separate” bank accounts.  Business interests or property acquired with “separate funds and assets” can remain “separate property,” outside of the divorce.

The date which constitutes the Date of Separation in a Louisville divorce can be very important in maintenance matters.  Maintenance is usually based upon the duration of the marriage, and if the marriage is longer than 10 years the amount and duration of maintenance may be higher.  The duration of your marriage is the time from the date of your actual wedding to the Date of Separation.  If you are approaching this important landmark it may be important to either take earlier action or delay the Date of Separation depending upon your unique perspective.

We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.