Does Your Date of Separation Matter in Massachusetts?

If you are approaching a divorce in Massachusetts, you may think that the date of your separation is relatively meaningless. For many spouses, the difference between separating next week or next year might not seem like a big deal. But as any divorce attorney will tell you, the date of your separation can actually have a considerable impact on your post-marriage life. The most astute spouses consider their separation date carefully when going through a divorce.

If you would like to handle every aspect of your divorce to ensure your rights are being preserved, get in touch with a qualified divorce attorney in Massachusetts. Our legal professionals can help you with a wide range of different legal matters, including choosing the best date for your separation. If you would like to learn more about why this date is so important, consider booking a consultation with one of our divorce lawyers. During your consultation, you can ask us as many questions as you would like.

What is the Date of Separation?
The date of separation refers to the exact time both spouses started living apart. This is not the same as the date of your divorce, since separation occurs before the divorce. Sometimes, the exact date of separation is difficult to determine. For example, one spouse might move out before returning a few days later in an attempt to reconcile. After spending a few days at the family home, this spouse might move out a second time.

Generally speaking, separation occurs when marital relations cease, spouses live apart, and at least one party expresses a clear intent to end
the marriage.

The Date of Separation and Property Division
Unlike many other states, Massachusetts does not actually have a set valuation date. This means that the court can choose when assets should be valued. This can lead to significant issues in some cases, as the value of assets can fluctuate significantly from the date of separation to the day the divorce is finalized. For example, a spouse might own stocks that quadruple in value after they leave the marital home, but before the divorce is finalized. The court must then use their own discretion to determine whether the stocks should be divided between spouses at their current value, or whether they should be divided based on their value at the time of separation.

Various factors can be taken into account by the courts. For example, a spouse might have been left behind with the children with relatively little income, and they may have been contributing to the family as a caregiver rather than a wage-earner. In this situation, courts may determine that they should receive a share of assets at their highest value. In many past cases in Massachusetts, assets have been valued at the date of the divorce, not the date of separation.

Enlist the Help of a Qualified Attorney Today
If you have been searching the Massachusetts area for a qualified, experienced divorce attorney, look no further than the Law Offices of Johnson, Sclafani & Moriarty. Over the years, we have helped numerous spouses in the Bay State walk away from their marriages with financial security and peace of mind. We understand that choosing the right separation date is crucial when going through a divorce, and we can help you handle this situation with confidence and efficiency. We can also help you with virtually every other aspect of your divorce. Book your consultation today. 413-732-8356