Question on Equitable Distribution


#1

In deciding equitable distribution on marital assets, and if the only disputed asset is the marital home, does the judge take into account income earned AFTER the date of separation by either party? If so, how is it factored into the settlement?

Thank you.


#2

Income earned after separation is NOT marital property. Income earned during the marriage but paid AFTER separation IS marital property.


#3

Then is it fair to say that interrogatories requesting separate bank account information and tax returns AFTER separation are not relevant to the settlement of marital assets?


#4

The requests are probably okay. The accounts could contain marital property. You may object to them if you wish. The separate property of a party, though not subject to distribution, can be a factor the court may take into account when it makes an equitable distribution of the marital and divisible property.