Mel Gibson Divorce - are we going to see a "date of separation" battle?

I heard a rumor that there may be a "date of separation" battle coming in the Mel Gibson divorce. If so, Mel would contend that the date of separation was a date earlier than the date of actual physical separation of the parties and his wife would contend that the date of separation was later - either the date of physical separation, or even a later date.

Post-separation earnings of a party comprise separate property of that party, whereas pre-separation earnings are community property. Acquisitions during marriage are presumed to be community property, but acquisitions traceable to separate property are separate property of the "separatizer".

The leading cases in California regarding separation and date of separation are Marriage of BARAGRY (1977) 73 Cal.App.3d 944, Marriage of Von Der NEULL (1994) 23 Cal.App.4th 730, Marriage of HARDIN (1995) 37 Cal.App.4th 448, and Marriage of MANFER (2006) 114 Cal.App.4th 925. The critical inquiry is whether or not the parties' conduct (or the conduct of one party) evidences a complete and final break in the marital relationship.

It could be an issue of significant economic consequence.

Posted by Donald F. Conviser, of Warner Center Law offices in Woodland Hills, California, a Certified Family Law Specialist with over 35 years of family law experience. 818/880-8990; www.conviser.net