THE CONFUSING ISSUE OF THE DATE OF SEPARATION

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One of the most difficult and confusing issues in any , divorce or legal separation case concerns the issue of the Parties’ date of separation. In essence, the starting point in all marital dissolution proceedings begins with the question of “When did the Parties separate?” Until this date is determined, property cannot be valued and the case cannot really proceed forward because the date of separation will determine not only the length of the marriage (thus impacting on spousal support and various retirement benefits) but also determining as of what date to value assets. Thus, as to an intervening death, the early resolution of this issue also impacts probate matters.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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