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WHAT DATE DOES THE CHANCELLOR USE TO DIVIDE MARITAL PROPERTY?

There are several possible dates a Chancellor can use to divide marital property. Which one is used depends upon the facts and the legal procedure. Here are some of the possible dates:
  • the date of separation.
  • the date of the entry of a temporary order. If a court enters an order for temporary support, then it may decide that property accumulated after that date is not marital. If the temporary order does not provide for support, it may not serve as a cut off date for the accumulation of marital property. MAULDIN v. MAULDIN, NO. 2011-CA-01079-COA (Decided 1/5/13)
  • the date of the divorce.
Each case turns on its own facts. One rule that seems worthy of following is that if a temporary order is entered providing for support, it may well serve to cut off the accumulation of marital property.
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