Is my husband income still considered a marital asset after we separate and he is living with another woman?

Asked about 1 year ago - Summerfield, FL

My husband and I have been living in separate cities for over two years and he has been living with his girlfriend. Is his income still considered a marital asset even though we don't live together anymore? If so is money he has been squandering on her part of our marital income? Also, she has her own income and while I know it can't be used per say as part of his income, is her income considered as part of his household income when considering things like I am disabled and he needs to pay alimony. He is listing all of her debt (in her name) and my debt (in my name) as part of his debt to make his debt ceiling look higher but not listing her income as part of his available household income.

Attorney answers (4)

  1. Ophelia Genarina Bernal-Mora

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    Contributor Level 19

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    Answered . This is a question that will stir up arguments many times over. There is a difference between date the petition is filed and date of separation in many cases.

    I have attached a link to a Florida Bar article that breaks it down very well. I would recommend you contact a local family law attorney to discuss these issues directly.

    Many great attorneys can be found here on Avvo and offer free consultations, myself included.

    /s/ Ophelia Bernal-Mora, Esquire
    Law Office of Ophelia Bernal-Mora, P.A.
    37 N. Orange Avenue, Suite 500
    Orlando, FL 32801
    PH: (407) 354-5223
    Email: info@obmlegal.com
    Website: www.obmlegal.com

    You should consult an attorney for advice regarding your individual situation since every case is different and... more
  2. William Charles Rosenfelt

    Contributor Level 20

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    Answered . I agree with my colleague. Generally speaking, the courts use the earlier of the date of separation or the date on which the Petition for Dissolution of Marriage was filed.

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the... more
  3. Robert Jason De Groot

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    Contributor Level 20

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    Answered . This is when the date of separation becomes important, because there is a case which says that personal property which comes into the hands of one of the spouses, after separation, is their own property.

    R. Jason de Groot, Esq., 386-337-8239
  4. Lawrence Joseph Marraffino

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    Contributor Level 13

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    Answered . I have been successful in arguing date of petition in several cases. Unfortunately, this is a gray area. Florida is called an "equitable distribution state" and the Judge has substantial leeway to do what he/she feels is fair.

    Lawrence J. Marraffino
    Gainesville Family Law Attorney
    www.ljmpa.com

    This answer cannot be a substitute for legal advice which requires more information from the client than can be... more

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