This is the specific day a married couple decides to live apart, intending to end the marriage. It marks the commencement of the separation period, which is a prerequisite for finalizing a divorce in many jurisdictions. For instance, if a couple mutually agrees on January 15th, 2023, that they will no longer live together as husband and wife and subsequently live separately, that date would be considered the date of separation.
Establishing this date is often pivotal for several reasons. It can significantly affect the division of assets acquired during the marriage, as assets acquired after this date are generally considered separate property. Furthermore, it can influence spousal support considerations, potentially limiting its duration or amount. Historically, the concept acknowledges the point when the marital partnership effectively dissolves, even prior to formal legal proceedings.