In Re Marriage of Manfer (2006) 144 Cal.App.4th 925

John Benedict Phillips

Case Conclusion Date:November 9, 2006

Practice Area:Family

Outcome:Successful Date of Separation Appeal

Description:Marriage of Manfer is the seminal case on date of marital separation. The Court of Appeal held that the date separation is the date on which at least one spouse intends to end the marriage and his/her objective conduct bespeaks the finality of the marital relationship. "The question is not what society at large would have perceived, but what the parties’ ‘subjective intent’ was, as ‘objectively determined from all of the evidence reflecting the parties’ words and actions during the disputed time.'"