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§3.02 Earnings While Living Separate and ApartThe earnings and accumulations of a spouse and any minor children living with, or in the custody of, the spouse, while living separate and apart from the other spouse, are the spouse's separate property. [FC §771(a).] "Earnings" is broader in scope than "wages" or "salary." For example, it includes income derived from carrying on a business as a sole proprietor when the earnings come from a spouse's labor and services without the aid of capital. [Marriage of Imperato (1975) 45 CA3d 432, 437.] |
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Intro | Table of Contents | How to Use | Resource Materials | Review | Evaluation | Exit © 2006 by Judicial Council of California |
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