You say that your mother filed for a legal separation. Was that separation ever completed? Did you parents enter into a Separation Agreement which both of them executed? Or, was there an order of the court confirming the Separation?
If in fact there was a legal separation, the separation most likely addressed the issue of future income of the parties, in which case the incomes of each of the individuals would be considered separate and not marital property, starting from the date the summons and complaint was filed or the date the separation was approved by the court.
If in fact, however, there was no actual legal separation, but the parties simply physically separated, then they are still considered under the law as continuing to be married , and your mother has a claim to 50 percent of all of your father’s assets and income during the course of the marriage.
The issue of having a boyfriend or not, it is not really relevant to the question regarding the division of the marital assets.
If your father is living in the New York City metropolitan area and a legal separation did take place, please have him call me at 212-370-1660 to discuss the matter at greater length.
Leonard M. Weiner, Esq./Divorce Solutions