Kimberly Buffington-Quaid, wife of Dennis Quaid- Reconsidering, Reconsidering Marriage

The decision to separate often involves significant contemplation that
can result in an individual changing their mind on what to do. Such contemplation
is familiar to Kimberly Buffington-Quaid, who is now filing for separation
only months after calling off her divorce from actor Dennis Quaid.

The date of separation is a legal term, which is an important concept for
individuals considering and choosing separation.

In Canada, despite the fact that there are other avenues for obtaining
a divorce, the most common and often least contentious method, is divorce
as a result of one year of separation. Accordingly, the date of separation
starts the clock ticking on when the parties are eligible for divorce.

In this regard, the parties must not act as, nor hold themselves out to
be, a couple. While the parties may still cohabitate, they must be living
completely separate lives in all other ways.

Since the law is interested in promoting reconciliation where possible,
s.8(3) of the
Divorce Act sets out an exception whereby, if the parties unsuccessfully attempt to
reconcile for 90 days or less, the clock will not stop ticking on the
year timeline.

Unfortunately, however it has been six months since Buffington-Quaid initially
filed for divorce, and she presumably could not take advantage of the
90-day exception.

The date of separation is also relevant in Ontario, for the purpose of
assessing the division of marital property. In this context, the date
of separation is referred to as the valuation date.

According to the
Family Law Act, the valuation date is defined as the earliest of the following dates:

1. The date the spouses separate and there is no reasonable prospect that
   they will resume cohabitation.
2. The date the divorce is granted.
3. The date the marriage is declared a nullity.
4. The date one of the spouses commences an application based on subsection
   5 (3) (improvident depletion) that is subsequently granted.
5. The date before the date on which one of the spouses dies leaving the other
   spouse surviving.

In Ontario, the valuation date determines the date at which the value of
the parties’ marital property, is subject to division (save and except
for relevant exclusions and deductions). Therefore, Buffington-Quaid’s
decision to return to her husband for the six month period, essentially
set back the date at which the value of their assets and liabilities may
be divided.

While deciding the status of a marriage should not be a rushed decision,
those in the same position as Buffington-Quaid should be mindful of the
implications associated with reconsidering their separation.