Whether you anticipate a change in your marital status or not, its wise to know what potential events can arguably trigger the end of a marriage because of the potential economic consequences. Each state varies in case law and precedents, but the termination date of your marriage is important when determining spousal and child support and estimating a cut-off date for your assets and their value. In some courts this is calculated as of your divorce date, in others, it is the date of separation or when the two of you cease being a couple. Some of the following factors may be considered in determining the termination date of your marriage. 1. Both parties decided to separate, move or terminate the marriage
2. The parties maintain separate credit cards
3. There has been no financial entanglement since your separation
4. The parties have not engaged in intimate relations after the date of separation
5. Either party has been involved in an extramarital affair
6. The parties maintain separate residences
7. The parties have not attended social, business or charitable events together
8. The parties did not live as husband and wife at any point after the separation
9. Either party has taken vacations with a member(s) of the opposite sex
10. Neither party has acted as social host of the other since the separation
11. Either party was living with a member of the opposite sex prior to the final hearing Dating before divorce can potentially be used as an argument to reduce the amount of divisible income or assets if the end of marriage date is at issue. In addition the best interests of the children may also be a factor when determining custody or calculating support if the care, circumstances, and welfare under which the children live are in question. |
Home
