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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 11-26-2020, 12:06 PM
DavidMills DavidMills is offline
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Default Separation Date vs. Cohabitation Date for SS

My ex is pursuing a claim for increased spousal support. Her claim is partially based on the fact that I physically moved out of the matrimonial home in August 2011. However, documents filed by my lawyer during the original proceedings state that the separation date was Jan. 2010, and her own lawyer's response, signed by her, puts the separation date at Nov. 2009. There are SS calculations from both sides calculating support based on a 14 year common law marriage which further solidifies the Nov 2009 - Jan 2010 split.

We were, in fact, living in the same home separate and apart. I refused to leave the matrimonial home until an agreement was crafted for Custody and Access of my children. These facts are corroborated in court documents filed in 2010-2011.

My question is this: is a judge/court more likely to use the Aug. 2011 date of my physical departure, or, as my research has suggested, will they use the 2009-2010 date for the purpose of calculating any potential SS?

Thank you for your time.
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Old 11-26-2020, 01:05 PM
Kinso Kinso is offline
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Her claim to use the later date doesn't sound strong.

But you may want a lawyer to review the history of the file to see if there are other exposure points you haven't referenced in your post.
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Old 11-26-2020, 02:33 PM
DavidMills DavidMills is offline
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Thank you for your reply. I am going to take your advice and have a lawyer review the files.
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