REPOST of ED Question!


Hi, my spouse and I were separated in the 1980’s for about 1.5years. Unfortunately, we reconciled and are now separated for good.

I moved to Virginia (from NC) and lived there for 1.5 years during this time. We stayed apart but eventually reconciled… We never executed “Legal Separation” papers, but were apart in every way during that time, including but not limited to finances.

  1. Is the monies I earned (pension, 401k, etc) separate property during this 1.5 year period?

  2. If yes, what can I do to keep this from being divided (proof needed, etc.).



The date of separation will be determined to be the date that you began living separate and apart permanently with no further attempts at reconciliation. Any contributions to your retirement savings after that date are separate property and will not be subject to distribution. If you and your spouse stipulate and agree to the date of separation this will not be a difficult issue, if he argues over the date (trying to say it is more recent) you will have to present your evidence before a judge who will determine the date of separation.


Erin, thanks and I understand your answer; however, I want to make sure you understand my question.

  1. We separated in the 80’s for 1.5 years.

  2. We eventually reconciled and stayed together another 15 years.

  3. Is the monies/401k, etc earned during #1 above marital property and therefore divisible?



The separation in the 80’s is of no consequence, ED will be determined as if you never separated.