According to TMZ, Actor Ron Perlman, known for his role in Hellboy and Sons of Anarchy, filed for divorce from his wife of 38 years on Tuesday. His court documents indicate that he and Opal Perlman separated on May 10th of this year. Around that time, Ron was spotted with co-star Allison Dunbar in Los Angeles, the two of them seemingly a couple. It’s unclear what Opal makes of this and whether she will contest the date of separation.
How Will a Court Determine the Date of Separation?
In Ontario, section 4(1) of the Family Law Act defines the “date of separation” as the date on which the spouses separated with no reasonable prospect of reconciliation. Often, parties are unsure of the exact date, or they may disagree. They may hold the false belief that a legal separation requires one person to move out.
If the parties do not agree on the exact date of separation, a court can determine this for them by evaluating various aspects of the relationship, including the intention of one or both spouses to separate.
A one-sided intention to separate is sometimes enough to end the relationship from a legal standpoint. When the parties disagree with respect to ending their relationship, the court determines the date of separation through an objective view of the parties’ circumstances and conduct. For example, a couple may exhibit the intent to separate because they:
- Live together, but sleep in separate rooms;
- No longer publicize their relationship;
- No longer engage in activities together, such as sharing meals and socializing; or
- Develop sexual or romantic relationships with other people.
The court may choose the date when the divorce was granted or nullified, when they separated with no reasonable prospect of resuming cohabitation, when one of them filed paperwork relating to the separation, or when one of them passed away. Generally, the judge will select the earliest of these dates as the official date of separation.
Based on this analysis, an Ontario court would likely find that Ron’s budding relationship with Allison demonstrated an intention to separate from his wife. This could, therefore, affect the date of separation.
Skilled Legal Support for Your Separation
Do you and your spouse disagree on your date of separation? The specific date may have significant legal and financial implications for your case. It may affect the value of your assets or your ability to make a claim for equal division of your family property. At Feldstein Family Law Group P.C., our legal team will assess your situation and gather the evidence needed to fight for your rights in court.
Call our firm today at (905) 581-7222 or schedule your case review online.