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

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.

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Attorney answers 4


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

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.



Thank you for the link. Anything is helpful as I have seen you are right. I have seen there is also a conflict when the situation was "living together apart" for a long time before actually moving into different houses and what constitutes an actual separation. It makes it difficult. I appreciate you taking the time to answer.


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


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 attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.


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

This answer cannot be a substitute for legal advice which requires more information from the client than can be obtained in this forum. Therefore this answer CANNOT BE RELIED UPON AS LEGAL ADVICE FROM THIS ATTORNEY. If you want legal advice, please call our office!

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