I was laid off in July 2010 and received severance until the end of September. I also received a lump sum for my accrued PTO hours (sick and vacation combined). I am paying alimony and support on my severance pay but is the the full amount of PTO (sick and vacation) considered as community property and therefore my wife entitled to 50%?
Family Law Attorney
If you are paying child support and spousal support I assume you are already separated. If that is the case any PTO hours that were acquired after the separation are your separate property, and while they are part of your income for purposes of calculating support they are not an asset acquired during the marriage subject to the 50% community property claim. Remember support is based on income, all income at the time that the support is being paid. Property division is meant to divide 50/50 all community property that was in existence at the moment of the separation.
Hope this helps.
Divorce / Separation Lawyer
If the PTO was earned during marriage, its likely community property and a spouse would be entitled to a community property share. In any event, it is income and should be considered when calculating your support obligation.
Best of luck to you.
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