Family Court: Characterizing Property
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§3.02 Earnings While Living Separate and Apart

The 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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