It depends on whether or not you decided that the marriage was over on the day when you "escaped" from your house. This is a factual question that may need to be determined, on the evidence, by the Judge at trial. Post-separation earnings are separate property. If there were community funds in the savings account at the time of separation (whatever the date of separation), you are entitled to 1/2 of those community funds as your community share. If your husband deposited his post-separation earnings into that account, he would be entitled to whatever funds are in that account beyond your community share, above-noted.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.
Technically, the date of separation is the date you left the house. Do not listen to your husband regarding the money and who is entitled to it. His statements are self-serving. You need to contact local counsel who can advise you as to your rights and the proper procedure for protecting your interests. Good luck.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
When the date of separation is at issue, the court will look at many factors to determine the actual date of separation, including how the parties conducted themselves after each party's alleged separation date. Parties can actually live in the same residence and live separate and apart for purposes of separation. Since this date is at issue, you would be wise to consult with an attorney.
The date of separation is the date that you determined that the marriage was over. This is a factual issue. If the date of separation becomes an issue, the judge will look at many factors. You have a strong argument that the date of separation is the date you escaped, especially if you did not return. Any monies in the account that were earned before the date of separation is presumed to be community property (1/2 half your money and 1/2 his money). Don't listen to him. He is wrong. You should go to the bank and order your statements to show what was in the account the day before separation and what he withdrew after the date of separation. Good luck!
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