David’s answer: The answer to your question depends laregly on what you mean by "legally separated." If you mean via a "Separation Agreement," then I agree with the other postings that such Agreement would usually address division of assets. If you mean simply living apart, but no formal Separation Agreement was done, then the answer is yes, all property which accrues during a marriage & up to the filing of a divorce case is generally "marital property." That said, the Court will still determine what percentage you receive is fair. -- David Bliven, Westchester Divorce Attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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