Kate and Toby Might Be Divorced A few eagle-eyed fans noticed that when Kate signs Rebecca's paperwork for the police officers, she writes her name as Kate Pearson instead of Kate Damon. It's also worth noting that Toby is visibly absent from the cabin during the flash-forward. Seeing that Kate and Toby are having marital issues in present day, it could be a big indicator that they are separated or possibly even divorced by the time she turns 40. Image Source: NBC