The applicant wife brought a summary judgment motion seeking a declaration that the parties separated on September 1, 2014, rather than March 23, 2020, as alleged by the respondent husband.
The court applied the test for summary judgment and the indicia of separation, finding overwhelming evidence supporting the wife's separation date, including the husband's own emails and independent witness testimony.
The husband failed to produce evidence supporting his claimed date.
The court granted the motion, declaring the separation date as September 1, 2014, and dismissed the husband's equalization claims as statute-barred.