For a history of this statute, please see our Blog on
Marriage of Davis. Which decision, by the way, we highly criticized. Was someone listening?
Date of Separation Blogs For Information About What Evidence Proves Separation!
CALIFORNIA FAMILY CODE
CHARACTERIZATION OF PROPERTY
What Is Meant by Date of Separation - Effective 1/1/2017 and Amended Effective 1/1/20
Family Code Section 70
(a) "Date of separation" means the date that a complete and final
break in the marital relationship has occurred, as evidenced by both of
(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.