Is severance pay separate or community property? Based on Wright, it is separate property, which makes sense when you consider that it is compensation in lieu of future salary (post-separation). But given that most severance is based on years of service, it seems a little bit murky, because then the community's efforts are what 'earned' the separated employee the severance. Earned is in quotes because given that severance is generally discretionary as long as it complies with company policy, there may not be a vested right to it when a reduction in force is implemented.
Our professor explains this by saying that the event that gave rise to the property was post separation (in Wright, for instance).
What I take from this and almost all of my Community Property cases is this: marriage is a roll of the dice at best, especially from a financial perspective. People go into marriage with stars in their eyes and warm fuzzy feelings in their guts, and base long term decisions on that euphoria lasting. But of course it almost never does. Best case, most couples carve out a state of mutual tolerance and compromise. Many uncouple as they grow and change, or don't grow, don't change.
What is it that drives the urge to meet at the alter in today's society?
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