Is employment income earned while married considered "marital property" just as assets/investments/real estate are? In an equitable split of assets, it seems income would be equalized, as well. If so, is the income earned between date of divorce filing & legal separation considered marital/joint income?
1 Answer from Attorneys
Income earned by either spouse until the date of divorce is marital in nature, and thus to the extent it is retained it is subject to equitable distribution by a divorce court. So if your spouse, following separation, set up their own account in which they deposited their paychecks, that account would be a marital asset subject to distribution in divorce.