Question:

My spouse (SM) and I are divorcing in Idaho, a community property state. He says that the continuation pay we were paid in a lump sum is a retention bonus, meaning an portion earned after we finalize is NOT marital property.
When we received the lump sum payment, we deposited into a joint bank account, then disbursed amount several investment accounts. Money from the bonus has been spent but most is still in the investment accounts.
Because we are a community property state, does this make the entire portion of the bonus divisible, or is he correct that only the portion “earned” is divisible. OR, is it calculated like the retirement is calculated, by years married during service? Thank you!

Jim's Reply:

Your question can only be answered correctly by the magistrate who will preside over your case. Until you get before that judge, you'd be smart to watch every bit of money you have in all accounts to ensure it stays where it is until the court issues decisions.Family courts operate with established laws and financial formulas. The opinions and theories of the parties involved rarely fit with what the court decides.