[Direct answer]In the Beijing area, in principle, it is still the couple's joint property and will be divided equally during the divorce. Article 1062 of the Civil Code of the People's Republic of China stipulates that the wages, bonuses, investment income, etc. obtained by the couple during the continuation of the marriage relationship shall be jointly owned by the couple; separation does not necessarily terminate the marriage relationship and the joint property system. Unless the parties have agreed on a separate property system in writing, the respective incomes during the separation period are usually still joint property. Compensation for personal injury and special living supplies obtained by individuals belong to personal property. In practice, the court will determine the division ratio based on the duration of the separation, the source of the property, and the contributions of both parties.

I. Problem background and typical scenarios

After a long-term separation but without a divorce, if one party earns money while the other has no income, whether the latter can share in this income during the divorce is a frequent point of contention. Some people believe that "after separation, each party lives their own lives and earns their own money," while others worry that the other party might transfer their income during the separation. The essence of the controversy lies in whether separation constitutes the effective termination of the marital relationship and where the boundaries of the property regime lie.

II. Key points of contention

The disputes focus on: first, whether separation affects the scope of joint property; second, the ownership of personal income and investment returns during the separation period; third, the handling of personal property mixed with joint property; fourth, whether compensation can be claimed for the living difficulties caused by separation. The court's tendency is: unless there is a valid separate property agreement, the marital income shall follow the joint system; for the situation that one party independently operates during the separation period and the other party does not participate in the contribution for a long time, the division ratio can be appropriately considered, but it does not change the basic nature of joint property.

III. Professional analysis by Henglue Lawyers

The first layer is to clarify the dividing line between joint property and individual property: post-marital wages, bonuses, labor remuneration, production and investment income, intellectual property income, etc. generally belong to joint property; compensation or compensation obtained by one party for personal injury, property determined in a will or gift contract to belong solely to one party, and special living supplies, etc. belong to individual property. Separation does not change this basic framework. The second layer is the identification of income during separation: as long as the marital relationship has not been dissolved and there is no written agreement on separate property systems, wages and investment income during separation are still generally considered joint property; those claiming it as individual property must provide evidence of a legal and valid property agreement or the individual nature of the property itself. The third layer is evidence and fund flow: the outcome of disputes often hinges on fund flow—those claiming that the other party has hidden or transferred funds must provide clues such as bank statements, financial product redemptions, and equity changes; those claiming that a certain sum of money belongs to individual property must prove that it originates from pre-marital property conversion or personal injury compensation, etc. The fourth layer is the handling of commingled property: assets purchased or repaid with marital funds during separation, even if registered in one party's name, may still be recognized as joint property or contain joint shares; clarifying the relationship between funds and assets is a key focus for lawyers in organizing property lists. The fifth layer is the discretionary determination of proportions and compensation: for cases involving long-term separation, where one party solely assumes family obligations or raises children, the court may give appropriate consideration in the division of proportions and economic compensation, which aligns with the principles of protecting children's interests, the rights of women, and the interests of the non-at-fault party. In a foreign-related divorce dispute handled by our firm, both parties were foreign nationals who had lived in China for a long time. After mediation by the court to dissolve the marriage and clarify that the assets under each party's name belong to them individually, it shows that the final form of property ownership depends on agreements, evidence, and the parties' consensus. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The first step is to sort out the start and end dates of the separation, as well as the income, purchases, and capital flows during each stage. The second step is to verify whether there are written property agreements between the spouses. The third step is to preserve evidence such as bank transaction records, financial management, and changes in equity ownership to prevent assets from being transferred. The fourth step is to prepare evidence of the sources and contributions of personal property or seek a more favorable division of assets. Main legal basis: Article 1062 of the Civil Code of the People's Republic of China (jointly owned marital property), Article 1063 (personal property of spouses), Article 1065 (property agreements), and Article 1087 (division of marital property upon divorce). The Civil Code came into effect on January 1, 2021, and the specific application shall be governed by the currently effective provisions.

5. Henglu Law Firm's Reminder

Three key points regarding marital property division after separation: Separation does not equal divorce; if there is no agreement, the property will still be considered jointly owned; the ownership of income depends on agreements and evidence, not feelings; and only after clarifying the flow of funds can we proceed with the division. For matters involving the division of marital property after divorce, you can seek legal assistance through the following channels:Divorce litigation and family disputesWe provide a comprehensive solution for services, which includes the integration of property preservation and enforcement.Creditor's rights and debts, and enforcementFor reference, the following content regarding corporate equity and operating profits can be consulted:Business and contract disputes in enterprisesFor columns related to foreign-related property, you can consult us for adviceFinancial capital and cross-border transactions involving foreign entitiesTeam.

VI. Frequently Asked Questions

Q1: Can the other party share the money earned during the separation period?

If there is no agreement on the separation of property, the assets acquired after marriage are generally considered joint property, and the other party usually has the right to claim a division of the property. The division ratio will be determined based on the duration of the separation and the contributions made by each party.

Q2: What evidence is needed to prove that it's personal property?

Written property agreements, proof of funding sources (such as the transformation of pre-marital property and personal injury compensation), and the transaction records and corresponding receipts should be provided to form a complete chain of evidence.

Q3: Are the costs of such disputes high?

The litigation fees are charged according to the proportion of the property involved, with higher fees for larger property values. The attorney's fees are related to the complexity of the dispute, and settling the case through mediation can help reduce costs.

Q4: How long does it usually take to resolve a partition dispute?

The duration of the simplified procedure is usually three to six months, but the time required for property investigation, evaluation, or appeals may be extended.

Q5: What if I'm worried that the other party might transfer their income during the separation period?

Fix the cash flow and asset clues as soon as possible, apply for property preservation before or during the lawsuit, freeze the accounts and transfer ownership, and then discuss the division ratio.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.