Vested vacation time is an asset which, if earned during marriage, is considered a community property asset. The Trial Court found that the vested vacation time was an asset not subject to division.
Although statute defines cohabitation, the facts and circumstances of each case determine whether cohabitation has truly occurred. What the court is looking for is evidence that the dependent spouse is in a relationship that is serious and committed enough to rise to the level of marriage, but the dependent spouse is avoiding remarrying to keep the alimony check coming in. If there is an indication that the relationship is not exclusive on either side, then any argument of cohabitation immediately goes out the window.
Learn more. One of the reasons for a standardized order is to facilitate a consistent set of payments so that one lump sum payment does not have to be made each year.
These include: For others, it involves a modest house, a practical car and trips to the shore. The court can also order a party to cash in the vested vacation time and pay one-half or other amount to the non-employee spouse.
Spousal maintenance or alimony may include but is not limited to the following expenses: If you are fortunate enough to work out a suspension agreement like this with your ex-spouse, make sure that the language makes its way into the final support decree or modification thereof.
A mediator will work with you and ask questions to help you define your standard of living. The standard of living of the marriage is really how you live and how much it costs to live that way. If it, or a portion of it, cannot be cashed in, meaning that it must be taken or lost, then the court may determine that it has no economic benefit to the employee spouse and the court will not consider it as an asset subject to division.
If not, how much would you need to support that lifestyle? Spousal maintenance typically does not include expenses for significant others,third parties.
Crissman, Woodruff Family Law Group. Unless there is an increase in income after the divorce, both spouses will be worse off than they were before. A lot of these companies offer fantastic employment benefits, such as generous amounts of vacation time.