What is the date of separation in a Louisville divorce and why is it important in your divorce? The date of separation establishes the date your income and assets become “separate property” from the marital property. This will impact the distribution of the marital property and potentially child and maintenance.
The date of separation marks a point in time after which any property obtained or earned by the former spouse becomes “separate property” of that spouse, outside of marital property interests.
The date of separation can also be the difference between a “short term marriage” and a “long term marriage” under Kentucky law. A long term marriage in Kentucky is considered to be 10 years or longer. Maintenance in a long term marriage often continues indefinitely until the former spouse remarries or passes away. Maintenance from a short term marriage usually terminates after a period of time roughly equal to half of the term of the marriage itself.
At this moment in time, you do not have to physically live in separate dwellings to have an established date of separation in a Louisville divorce. The cost of separate dwellings means many parties going through a divorce still continue to reside in the same residence. If no one moves out can you have a date of separation? What constitutes the date of separation?
After a major upheaval with a recent Kentucky Supreme Court decision, many family law attorneys, judges and the Kentucky legislature worked to produce new laws that answered this question once and for all.
You don’t have to physically live apart to establish the date of separation in a Louisville divorce. However, you must carefully document clear communication to your former spouse that you intend to end the marriage. You must then take consistent actions as if you are either a separate entity or that you intend to be divorced.
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.
