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The Impact of Separation

Learn about the effect of separation on the marital economic community and the fiduciary duties spouses owe each other.


The dissolution process allows spouses to formally end their marriage. But while that process is pending, and sometimes even before it’s initiated, spouses might separate. Let’s take a closer look at the impact of separation on property rights and fiduciary duties.

 I. End of the Marital Economic Community

Recall that a marital economic community arises when a couple marries, and with it comes a presumption that property acquired by either spouse is community property. That economic...