What makes the date of separation important in a Louisville divorce? How is the date of separation established in a Louisville divorce case and how could it matter to your unique circumstances?
The two primary reasons for what makes the date of separation important in a Louisville divorce involve marital property characterization and division as well as the amount and duration of maintenance. Kentucky is a marital property state which establishes that any asset or debt acquired by either or both of the parties (regardless of who is on the account or title) from the date of the marriage to the date of separation is considered to be marital property (with a few exceptions). Marital property is to be divided equitably between the parties in a Kentucky divorce.
Years ago, the date of separation typically referred to the date one of the parties moved out of the family home. Today, our Family Law Code has been updated to reflect two realities:
- There is an economic challenge associated with establishing separate households early in the divorce process, and
- Moving out of the family home can have an adverse impact on issues associated with child custody and visitation
Our laws presently establish two realities which establish the date of separation:
- One of the parties clearly communicates their intention to end the marriage to the other spouse
- The actions of this spouse are “consistent with his or her intent to end the marriage” from that point forward
Now that we know a bit more about the date of separation what makes the date of separation important in a Louisville divorce? Establishing the date of separation marks an important point in the financial life of the parties. The date of separation technically brings an end to the “marital unit” of the marriage and marks the point where each former spouse is able to separate income, acquisitions and debt separate from the marital.
The date of separation also affects the length of the underlying marriage. This can be important in establishing the duration and amount of maintenance as well as future qualification for important military benefits in associated cases.
It is important to seek the advice and counsel of the experienced and proven divorce and family law attorneys at Dodd & Dodd if you are considering a divorce. Pre-planning for divorce allows you to approach issues more clearly and develop plans to increase the likelihood you will accomplish your goals and objectives for the divorce.
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.
