The term “legal separation” is misleading. In California, married couples are deemed separated when they are no longer planning on remaining a married couple, and at least one party has communicated this intention to the other. It does not necessarily mean the parties are no longer living together, as many couples remain in the same house for financial or other reasons. However, moving out is very good evidence of an abandonment of the marital relationship if the date of separation becomes a contested issue in court.
Couples who are no longer living together but are still acting like a couple, or are seeing a counselor, are not considered separated because they have not abandoned the marital relationship.
One reason the term is misleading is that married people can go to court to get a judgment of legal separation, which is different from being “legally separated.” A judgment of legal separation can provide all the relief a judgment of dissolution provides, except for changing the parties’ status from married to single.
Because people’s actions and statements regarding their intentions can be ambiguous, it is best to consult a family law specialist to evaluate your circumstances if you need to know whether you are legally separated. The date of separation has important financial consequences in a dissolution case.