Employee Relocation Benefits, are they marital property?

After my wife got a promotion, she moved out of the house over 50 miles away and is receiving relocation benefits with her employer. The relocation benefits are intended to benefit her and her family and she didn’t move out of the marital home until after she activated her relocation benefits. She got a lump sum to help with finding temporary housing and then she is also eligible for additional benefits such as sale of home benefits, closing cost reimbursement from purchase of new house and paid moving expenses. Shouldn’t these be characterized as marital property since they were earned before separation, the benefits are meant to benefit not only the employee but their spouse and children, and there can be a monetary value placed on the benefits. FYI, We have two children that i have temporary custody of.

The better and stronger argument is that these relocation benefits she is receiving are income to her, not property to be divided in equitable distribution.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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Thanks for the advice.