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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Thanks for the advice.

Darryl