Legal Question in Family Law in California

When someone files for divorce they put down a date of separation. The date of separation occurs when either of the parties does not intend to resume the marriage. Since you're living apart your date of separation could be essentially whenever that situation started.

Note if you divorce and it becomes an issue there can actually even be a mini-trial on the issue since it matters so much; because after the separation all property acquired thereafter is separate property. Thus if you file the separation date as 3 years ago, and its not contested, then she will have to show you bought the car with community property to be entitled to anything from you. Presumably you two have already split everything when you separated.

However the down side of showing a separation date as 3 years ago is that you may owe spousal support for while you were separated; but that depends. Best to see an attorney to go over the details of your situation.