Senate Bill 1255 - Date of Separation

July 31, 2016

Fact Sheet (PDF)

Bill Language (PDF)

Legislative Information

Letter of Support


Senate Bill 1255 would amend the California Family Code to allow for a couple to be considered “living separate and apart” while still living under the same roof for purposes of establishing a date of separation as a precursor of divorce.

SB 1255 defines “date of separation” to mean the date that a complete and final break in the marital relationship has occurred, as evidenced by the spouse’s expression of his or her intent to end the marriage and conduct that is consistent with that intent. SB 1255 directs a court to take into account all relevant evidence in determining the date of separation. Under this bill, living under the same roof is not a bar to establishing a date of separation, merely a factor to consider in the court’s analysis.



SB 1255 Debate on Assembly Floor, June 27, 2016