Is Income Earned After I Separated from My Spouse Community Property?

I am often asked about the date of separation in the context of a California Divorce.

Question:

Is income earned and property purchased after the date of separation, included in the division of community property in a California divorce? 

Answer:

No. In California, income earned after the date of separation is separate property and is not subject to division in a divorce. This includes all earnings, accumulations, and income. If you bought property after the date of separation and did not use community property money to fund the acquisition that property is not community unless you titled it as community property.

Question:

How do the family law courts in California divorce cases define the date of separation?

Answer:

According to California Family Code §70, the date of separation means the date that a final and complete break in the marital relationship occurred, as evidenced by the following: A spouse expresses to the other spouse their intent to end the marital relationship; and The spouse’s conduct exhibits their intention to end the marriage. Call for a free consultation regarding your California Divorce.