“(a) “Date of separation” means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:
(1) The spouse has expressed to the other spouse the intent to end the marriage.
(2) The conduct of the spouse is consistent with the intent to end the marriage.
(b) In determining the date of separation, the court shall take into consideration all relevant evidence.
(c) It is the intent of the Legislature in enacting this section to abrogate the decisions in In re Marriage of Davis (2015) 61 Cal.4th 846 and In re Marriage of Norviel (2002) 102 Cal.App.4th 1152.” (Family Code sec. 70.)
“Conduct courts have considered to determine the date of separation: 1) Moving out of the marital home. 2) Telling the other spouse that the marriage is over. 3) Sending a note to the other spouse about ending the relationship. 4) Never moving back into the marital home. 5) Renting or leasing another residence. 6) Filing a Petition for dissolution. 7) Telling spouse to come and get belongings. 8) Instructing attorney to draft a settlement agreement. 9) Acquiring separate bank accounts and/or credit cards. 10) Any conduct that evidences a final break in the marriage. 11) Continuous and frequent contacts at the marital home. 12) Eating dinner with spouse and family. 13) Maintaining mailing address/voter registration at the marital home. 14) Maintaining joint bank accounts and/or credit cards. 15) Sleeping at the marital home. 16) Going to events with family (including wife). 17) Vacationing together without the children. 18) Attending social occasions together. 19) Sending Christmas, birthday, and anniversary cards to the other spouse. 20) Filling in the children’s enrollment cards at school listing both parents as living at the marital home. 21) Filing joint income tax returns. 22) Paying all the household bills and supporting family. 23) Brining laundry home for wife to wash and iron. 24) Continuing sexual relationship. 25) Trying to resolve/reconcile with aid of marriage counselor. 26) Spending holidays together. 27) After moving out, keeping belongings at the marital home. 28) Taking title to vehicle in joint names. 29) The parties dating other people. 30) Acquiring real property in joint names.”
(LW Greenberg, California Family Law.)
