DOS is the date of separation and just might be one of the most important factors in how much you gain or lose during your divorce proceedings.
States have their own views of what determines the DOS. These are a few examples:
1. The date one of the spouses physically relocates to an address other than the marital residence.
2. The date when the a divorce papers are filed in court.
3. The date one spouse advises the other spouse that he or she intends to file for divorce.
4. In rare cases the couple can continue to live together if 2 or 3 happen but finances require the couple to remain under the same roof.
Each of the spouses will attempt to plead their own cases for obtaining a DOS that is most beneficial to him or her. A couple of examples to show the importance of the DOS might be:
- If one spouse is liable for debts incurred during the marriage, a DOS prior to the time that the other spouse charges more on credit cards would be beneficial.
- If one of the spouses is due to receive a lump payment for something in a particular month, that spouse would want to obtain a DOS prior to the time he or she will receive that money.
Sadly, in our courts this date can make or break your financial future and many attorneys spend an outrageous amount of time and money — your money — to prove a particular date of separation that is beneficial.
Do yourself a favor and figure out your date of separation and keep a journal of the specifics.
