Answer: I cannot properly reply to your question because you did not indicate which state you were living in. If you are located in a community property or Equitable distribution state, you should be entitled to an equal share of the software which your spouse is developing. Marital property is generally defined as all property […]
Answer: I cannot properly reply to your question because you did not indicate which state you were living in. If you are located in a community property or Equitable distribution state, you should be entitled to an equal share of the software which your spouse is developing. Marital property is generally defined as all property acquired during the course of the marriage except for property acquired as a result of inheritance, gift, etc and held separately. “During the course of the marriage” continues until the summons and complaint in the divorce action are filed. Since you state that you have just agreed to separate (but have not commenced divorce proceedings), the marriage is still continuing, unless your Separation Agreement expressly provides that all property acquired by each party after the separation date is to the deemed separate property and not part of the marital estate.
Leonard M. Weiner, Esq./Divorce Solutions