My husband works for a tech company and he was awarded with RSU and gets bonus every year. Assuming the custody is 50/50 and I will get child support and alimony from him, after the divorce, will I be entitled to a portion of his RSU and bonus o...
You will receive half of the community portion of the RSUs as they vest. You would also be eligible to receive a percentage of the separate property RSUs as they vest since this portion is income to him for purposes of support.
If the bonus, or any portion of it, was earned before separation, that portion would be community property and you are entitled to half. If the bonus was earned after separation, it is income to your husband for support.
You would need to have a family law CPA characterize the community and separate portions of each RSU tranche. Once you know how many shares in each tranche are community, you will know that half of those will be awarded to you as they vest. The percentage of the separate property RSUs that would be paid to you as spousal or child support varies and you would need to consult an attorney regarding the exact amount.See question
My husband and I are getting a divorce. Does the person who files for divorce first will have advantages over the other person? If so, what kinds of advantages?
No, there are no legal advantages to filing first as the petitioner versus responding to the petition.See question
Hello, February of 2015 my husband told me he wanted a divorce. We have an 8 year old son together. We are still living together until we are able to physically move apart due to finances. I think the separation date is more around Februar...
The date of separation occurs when there is 1) a parting of the ways with no present intent of resuming the marriage and 2) conduct evidencing a complete and final breakdown of the marriage. It is not uncommon for couples to stay in the same house for financial reasons while moving toward a divorce. The law allows a court to look at many different facts to determine whether separation occurred on a specific date. The date of separation can be an important date for several reasons, including length of spousal support and amount of community property. I would recommend talking to an attorney to determine if the date is going to impact anything significantly. It would be necessary to ask a few more questions before being able to tell you the likely date of separation in your case.
Just got divorce and have a city pension
You need to contact an attorney who specializes in Qualified Domestic Relations Orders (QDROs). These types of orders are specialized and need to be approved by the deferred compensation plan. There are a number of excellent attorneys who specialize in QDROs.See question