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California Law - Post-Separation Earnings Earnings and other income of each spouse and minor children, while living separate and apart, after a complete and final break in the marital relationship, are separate income. Cases: Nelson (1986) 222 Cal Rptr 790, 177 CA3d 150 (post separation bonus was separate property, because husband did not have a right to it before separation that was conditioned only on his remaining employed). Marsden (1982) 130 CA3d 426. Shelton (1981) 173 Cal Rptr 629, 188 CA3d 811 (lottery winnings were community property, because ticket was purchased with community funds). Jones (1975) 119 Cal Rptr 108, 531 P2d 420, 420 C3d 457 (veteran's right to payments subsequent to dissolution of marriage constitutes separate right). Baragry (1977) 73 CA 3d 444. Wall (1972) 105 Cal Rptr 201, 9 CA3d 76 (lottery ticket was separate property). Polakis (1968) 68 Cal Rptr 465, 261 CA2d 603 (property acquired post separation does not become community property unless a complete reconciliation occurs).
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More... Click here to go to top California divorce law page. Click here for the California divorce legal table of contents. | |||||||||||||||||||||||||
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