The date a couple formally separates plays a major part in the divorce process. Determining that date under family law in Alberta can be confusing and may lead to complications. Unlike proving the date of marriage, doing the same for separation can be complex since a couple may continue to live under the same roof even though they consider themselves separated.
It is crucial to note the exact date upon which a couple separates since the court may use that date to make certain financial calculations such as money owed to one spouse from another. It is usually the spouse who earns more who makes equalizations payments — from the time of the marriage to the date of separation. When making a decision to select a date of separation, one spouse may prefer a date that is later if net worth has decreased over the years.
If a couple can’t agree on a separation date, a family court judge will likely do so for them. If one spouse wishes to choose a date that increases his or her entitlement, a judge may not look favourably on that date based on that alone. He or she will likely wish to see further evidence, which also could include digital evidence in this technological age.
A lawyer experienced in Alberta family law may be able to assist a client in determining a separation date based on a client’s individual circumstances. Some people may not be aware of the importance of various issues that accompany separation and/or divorce. A lawyer can answer those questions which may seem confusing.