Tuesday, December 4, 2012

For FLA purposes a severance package is property on a date only if there is a fixes right to the severance on that date


[50]       From these decisions it is clear that for a severance package to be considered property at the date of separation, there must be a right or entitlement to it at that date.  As previously indicated, the FLA, in defining property does not distinguish between date of marriage and date of separation.  It follows that, for a severance package to be considered property as of either of the two dates that form the basis of any equalization calculation, there must be a right or entitlement to it at that date.

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