If one party earns income from a new venture after date of separation, is it divisible? Can the other party sue for it outside of the ED process? thks
One of the definitions of divisible property is “all property, property rights, or any portion thereof received after the date of separation but before the date of distribution that was acquired as a result of the efforts of either spouse during the marriage and before the date of separation, including, but not limited to, commissions, bonuses, and contractual rights.” Depending on the “new venture” it may fall under one of these categories.
Also depending upon the nature of the new venture and the circumstances under which it was formed, there may be other contract principles that the other party may sue under, like unjust enrichment.