Manfer

In this bifurcated marital dissolution proceeding, Maureen Manfer appeals from an interlocutory order establishing the date of separation under Family Code section 771. 1 We conclude that although the court correctly found on the basis of substantial evidence that the parties’ private conduct demonstrated a complete and final break in their marital relationship in June 2004, it erroneously applied an “outsider’s viewpoint” standard to defer the date of separation to March 15, 2005, after the parties had revealed to the world their hitherto secret that the marriage was over.

Although we review the result, not the trial court’s reasoning (Woolridge v. J.F.L. Electric, Inc. (2002) 96 Cal.App.4th Supp. 52 , 60, fn. 4 [ 117 Cal.Rptr.2d 771 ]), here we must observe the statement of decision clearly indicates the court relied on In re Marriage of Baragry (1977) 73 Cal.App.3d 444 [ 140 Cal.Rptr. 779 ] (Baragry) to conclude that regardless of the parties’ subjective intentions and the objective evidence relating thereto, the date of separation depends on whether society at large would consider the parties separated. In his respondent’s brief, Samuel vigorously argues the…