My wife moved out in late June/early July. There has been no seperation paperwork signed, but she has left and moved out of state. I am going to be hopefully getting a bonus in September, does she have any claim to any part of it? I may also get some stock that vests over several years.
PS the reason we have no sep. paperwork signed is that she does not want to sign anything, see my other thread for details about that.
I could’ve written your post and await Erin’s response.
Hopefully we both get the answer that we like. Based on what I have read here, I think it is yes [edit by yes I mean no yes the answer we want] (but the threads that contained this question also had lots of other stuff mixed in with it so it is hard to tell )
Marital property is property acquired during the marriage, as in after the date of marriage and before the date of separation. If the bonus was earned before Separation it is martial, just as the stock is. It is not the date the bonus is awarded that we look to, it is when it was earned.
If the bonus is based on work done after the date of separation, it is separate property.