102.10.2.Spouses in respect of whom the provisions of the Civil Code pertaining to family patrimony do not apply owing to the fact that
(1) before 1 January 1991, they expressed their wish to not be subject thereto in whole or in part,
(2) before 15 May 1989, they had ceased to live together and had settled the consequences of their separation by means of a written agreement or otherwise, or
(3) their application for separation from bed and board, divorce or annulment of marriage had been introduced before 15 May 1989
are not deprived of the right to a partition of earnings under this Act.