Valentine’s Day is a romantic time in Del Mar and throughout San Diego County. The romance of this holiday can sometimes stir up old feelings between divorcing spouses. It is not uncommon for spouses going through a Del Mar divorce to send each other gifts on Valentine’s Day or even to spend the day together. However, it is important to consider the legal ramifications of these acts especially with regard to the date of separation. On the other hand, newly separated spouses may be spending Valentine’s Day with a new significant other for the first time in a while. Before substantial gifts are given to a new love interest or money is spent on a lavish trip, it is important to also consider how these acts may impact your divorce proceeding in Del Mar.
The date of separation is an important consideration in many divorces. The marital estate is the property divided upon divorce. Property can only be accumulated in the martial estate between the date of marriage and the date of separation. Thus, once spouses decide to end their marriage, they stop accumulating any community assets. In order for a separation to occur, the spouses must physically separate (live apart) with the simultaneous intent never to resume the marital relationship. As Del Mar divorce attorneys understand, only one spouse is necessary to establish the requisite intent to end the marriage.
Depending on the assets in the martial estate, a dispute regarding date of separation can have enormous financial consequences. In order to determine which spouse is correct regarding the date of separation, the court will consider the conduct of the parties. One of the factors considered by the court is whether the spouses gave each other gifts or spent holidays together. If Husband and his attorney allege the parties separated January 1, 2010, the same year he earned a $100,000 bonus at work, that bonus would be his separate property. However, if Wife can show that Husband sent her flowers and a romantic card on Valentine’s Day in 2011, her divorce lawyer can use this as evidence that they in fact separated much later and she will be entitled to half of Husband’s 2010 bonus.
Under the Family Code, which governs the divorce process in Del Mar, spouses are not permitted to gift community property without the written consent of the other spouse. While both spouses are entitled to manage and control community funds, gifting community property is not considered a function of a spouses right to “manage and control” community funds. If a separated spouse intends to purchase any lavish gifts for a new significant other, he or she should be careful only to use separate property funds for this purchase.
In Del Mar, the divorce process can be complex, and selecting a qualified and knowledgeable divorce attorney is exceptionally important. Please contact us if you are considering a divorce from your spouse, a legal separation, or have questions regarding child custody and visitation. Nancy J. Bickford is the only attorney in San Diego County representing clients in divorces, who is a Certified Family Law Specialist (CFLS) and who is actively licensed as a Certified Public Accountant (CPA). Don’t settle for less when determining your rights. Call 858-793-8884 for more information about the consultation process.