Marriage of Manfer
California Court of Appeal
144 Cal. App. 4th 925 (2006)
Samuel (plaintiff) and Maureen (defendant) Manfer, married since June 1973, saw Samuel move out into an apartment after a June 2004 disagreement; concerned about their children's reaction, the couple agreed to keep their separation quiet through the holidays, still attending some social events and trips together during this period, though they maintained separate finances, had no sexual relations, and provided no mutual support throughout. At the beginning of 2005, the couple announced their separation publicly; Samuel filed for divorce in April 2005, alleging a March 15, 2005 separation date, while Maureen argued for a July 1, 2004 date (shortly after Samuel moved out in June 2004). The trial court, applying what it called an objective public-perception standard — whether the public would believe the parties were separated — found the separation date was March 15, 2005; Maureen appealed.
Whether, under state law, the date of separation in a marital dissolution is determined by evaluating the parties' subjective intent at the time of separation.