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Cases of Interest: Separation
National Legal Research Group, Inc.

ILLINOIS: In re Marriage of Morris, ___ Ill. App. 3d ___, 640 N.E.2d 344 (1994).
Where the husband purchased a winning lottery ticket long after the parties separated but while they were still married, the trial court erred by refusing to award the wife any portion of the husband's lottery winnings on the theory that there was no shared enterprise.
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ILLINOIS: In re Marriage of Frey, ___ Ill. App. 3d ___, 630 N.E.2d 466 (1994).
Lists which parties drew up during separation did not constitute valid, binding settlement agreement.
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ILLINOIS: In re Marriage of Meadow, ___ Ill. App. 3d ___, 628 N.E.2d 702 (1993).
The home which husband had deeded to wife during parties' separation in exchange for her transfer to him of her interest in other real property was her nonmarital property.
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IOWA: In re Marriage of Meerdink, 530 N.W.2d 458 (Iowa Ct. App. 1995).
The wife was entitled to discover the husband's current net worth even though the parties had been separated for nine years and the husband had provided discovery seven years earlier.
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MICHIGAN: Byington v. Byington, ___ Mich. App. ___, 568 N.W.2d 141 (1997).
A lucrative compensation package earned by the husband during separation was marital property, but his contribution to the acquisition of the package could be considered as a factor in dividing the marital estate.
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MISSISSIPPI: Welch v. Welch, 755 So. 2d 6 (Miss. Ct. App. 2000).
The chancellor can consider property acquired outside the couple's marriage when measuring overall equity. In addition, the fact that the sale of the marital home would be contingent upon the husband's agreement as to his interest in the home was not manifest error.
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MONTANA: In re Marriage of Smith, ___ Mont. ___, 871 P.2d 884 (1994).
The trial court could not include property inherited by the husband during separation in the marital estate, where the wife did not make any contribution to the inherited property.
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NEW HAMPSHIRE: Holliday v. Holliday, ___ N.H. ___, 651 A.2d 12 (1994).
The trial court's refusal to award the wife any part of the lottery jackpot that the husband won during the parties' separation was not an abuse of discretion.
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NEW YORK: Brownell v. Brownell, ___ Misc. 2d ___, 646 N.Y.S.2d 221 (Sup. Ct. 1996).
Personal property that the parties purchased at an auction before their wedding was separate property but would nevertheless be divided equally, where it was purchased with commingled funds.
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NEW YORK: DiSanto v. DiSanto, ___ A.D.2d ___, 604 N.Y.S.2d 413 (1993).
Decision to award marital home to wife was supported in part by evidence that husband led her to believe she would eventually receive home if she accepted relatively low support and maintenance payments during the period of separation.
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NORTH CAROLINA: Smith v. Smith, ___ N.C. ___, 444 S.E.2d 420 (1994).
The trial court must make ultimate findings of fact as to whether postseparation appreciation of the marital estate is active or passive.
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PENNSYLVANIA: Ressler v. Ressler, ___ Pa. Super. ___, 644 A.2d 753 (1994).
The trial court did not err by considering the husband's postseparation lump-sum severance pay when calculating the equitable distribution of the estate, even though the severance pay was nonmarital property.
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PENNSYLVANIA: Oaks v. Cooper, ___ Pa. ___, 638 A.2d 208 (1994).
Husband did not transmute separate funds into marital property by depositing the separate funds after separation into accounts which contained marital funds.
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VIRGINIA: Dietz v. Dietz, ___ Va. App. ___, 436 S.E.2d 463 (1993).
Property acquired by one spouse after the parties' last separation with wages earned after the last separation is separate property; the marriage is deemed to have ended, for purposes of classifying property, on the date of the last separation, in the absence of proof to the contrary.
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WASHINGTON: Pletz v. Pletz, ___ Wash. App. 2d ___, 861 P.2d 1081 (1993).
Postseparation lottery winnings were the wife's separate property because the couple's marriage had become "defunct."
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