Deferred Comp

The property that was accumulated after you separated is separate property. You will need to calculate what you acquired during the separation, that portion is your separate property.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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My wife left me in August 2004. We got back together in April 2005. She left me again in September 2005. I receive deferred comp at the end of each year.

Since we were only together April - September, can I count the portion earned Jan - March and October - December as separate property?

Since our date of separation is September 2005, is it true that I cannot count the portion of the deferred comp in 2004 when she was gone as separate property?