Governing law usually provides that income earned by either spouse during the marriage is jointly owned property. This presumption can be reversed by including in the Agreement a provision stating that the earnings of each party will remain that party's separate property. Care should be taken not to commingle such separate property with other assets of the couple. The parties may desire to use their earnings for the payment of joint household expenses, but the Agreement will clarify that such usage should not be interpreted as implying joint ownership of the earnings. |