it depends. You split anything acquired during the marriage. If the bonus was for only your last 6 months of work than no he doesnt have legal rights. But if you have been married for 15 years and the bonus was for working there for 10 years than yes he would have marital interest in the bonus.
WELL, I’M ALMOST IN THE SAME BOAT AND I NEED SOME ADVICE TOO. MY HUSBAND AND I HAVE BEEN MARRIED FOR 3 1/2 YEARS, IT WILL BE 4 IN APRIL. HE HAS BEEN THE SOLE PROVIDER FOR EVERYTHING. HE HAS RECENTLY TOLD ME THAT HE WANTS A DIVORCE. HE DOESN’T WANT TO DO COUNSELING HE JUST DOESN’T THINK THINGS WILL GET BETTER AND IT’S SMALL SIMPLE THINGS. SO HE SAID “WE’RE GETTING A DIVORCE AND WE’RE NOT MARRIED ANYMORE.” WE HAVEN’T FILED FOR DIVORCE OR SEPERATION OR ANYTHING BESIDES HIM SAYING IT. HE SAID HE’S GOING TO WAIT UNTIL HE GETS BACK FROM IRAQ IN JAN 2008 SO I CAN FIND A PLACE FOR ME AND THE KIDS TO STAY BACK HOME. HE’S LEAVING IN FEB AND WILL START RECIEVING PAY IN MAY AND A REENLISTMENT BONUS IN OCTOBER. HE SAYS IT WILL BE HIS MONEY AND NOT OUR MONEY EVEN THOUGH WE’LL STILL BE MARRIED. HE’S HAVING IT SENT TO HIS SAVINGS ACCOUNT THAT I’M NOT ON.DOES ANYONE THINK I SHOULD BE ENTITLED TO ANYTHING?
Dear Nanzi:
Greetings. If the bonus is payment for work performed while you still lived together, then yes, he may be entitled to a portion of it. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
All:
Me and my husband have seperated in September and have split up most of our accounts already. In February I will be receiving a bonus and was wondering if he has legal rights to that as well - thank you.