Dividing Employee Bonuses

Answer:

Both the timing of a bonus and the reason it is granted are relevant factors for determining whether that bonus is marital property. For example, if your spouse filed for divorce in January and received a bonus in March, your attorney will examine the reason the bonus was granted. If the bonus pertained to work that was undertaken in the prior year—and before the action for the divorce was commenced—that bonus will then be considered marital property, and your attorney will argue that position with the court. If the bonus was granted after commencement but was granted, for example, to keep your spouse employed at the company and to prevent your spouse from leaving his employer to accept another job offer, it might be considered separate property. Your attorney must look at all the factors contributing to the granting of the bonus and make a determination as to whether it is marital or separate property.