DivTips: Divorce Tips and Topics

Pascale v. Pascale, ___ N.J. Super. ___, 644 A.2d 638 (App. Div. 1994). One stock option owned by the wife should be excluded from equitable distribution because it was intended as an incentive for her future performance, but another stock option was subject to distribution because it was intended to recognize the wife's past employment performance.

Heinl v. Heinl, 671 A.2d 147 (N.J. App. Div. 1996). When an employee redeemed his vacation days earned the marriage for cash after the divorce, the proceeds are marital property.

Ryan v. Ryan, 619 A.2d 692 (N.J. Super 1992). Payment for accrued vacation days was marital property even though payment occurred after the cut-off date because the days were accrued during the marriage.  Severance pay was separate property.

 

To learn more about employee benefits in divorce, consult our explanation here.