If spouses separate, one partner does not necessarily have to move out in order for a separation to actually be assumed. Rather, an appropriate degree of physical separation within the shared home is sufficient. This includes living and sleeping separately and the absence of significant personal relationships. This was decided by the Frankfurt am Main Higher Regional Court (AZ: 1 UF 160/23).
In this case, the spouses disputed which date of separation was the correct one for the mutual obligation to provide information on the separation assets. The couple still lived in the same house. However, the husband had moved into a "bedroom and bathroom in the basement" when his wife informed him by email that they no longer wanted to live together.
The court ruled in favor of the woman who stated an earlier date of separation. The judges take both objective and subjective criteria into account when determining the date of separation. A personal relationship between the spouses and occasional joint activities are considered immaterial as long as there is a reasonable degree of physical separation.
Source and further information: ordentliche-gerichtsbarkeit.hessen.de
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