{2 minutes to read}  Couples coming to mediation to work out their separation or divorce often ask me when and how they are supposed to file. They know that the date of the filing also determines when earned assets become separate property, and no longer marital. This is also known as the “cut-off date.”

Since the mediation process does not require filing as a divorce action would, and may last a few weeks or a few months, couples want to know when their earned assets will become separate. After that date, they no longer have to share them with their spouse. In mediation, the parties can decide together what their cut-off date will be.

Here are some examples of dates that couples have picked over time: 

  • The date on which they signed the Legal Settlement Agreement; 
  • When they began the mediation process;
  • When they started living separately, which depending on the case, may have preceded the beginning of the mediation process.

The parties can choose any date prior to the filing of their Legal Settlement Agreement, as long as they both agree to it.

Once a cut-off date has been selected, it will affect the sharing of assets such as, but not limited to:

  • Retirement accounts
  • Bank accounts
  • Work bonuses
  • Stock options/vesting date
  • Life Insurance cash value
  • Intellectual property

Depending on each family, the cut-off date can affect other issues as well, and all of them will be addressed in mediation.

If you or your spouse have concerns about a cut-off date, or you know someone else with concerns, please contact me. I would be happy to help.

Jennifer Safian

Jennifer Safian

jennifer safian. divorce and family mediator
divorce and family mediation
upper east side of manhattan (nyc)
new york, ny
(917) 881 5206
jpsafian@gmail.com
Jennifer Safian

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