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Cases of Interest: Severance Pay
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NEW YORK: Wittig v. Wittig, ___ A.D.2d ___, 685 N.Y.S.2d 342 (1999).
The amount that the husband was entitled to receive as severance pay for employment during the marriage was marital property even though no payments were made prior to the cutoff date for identifying marital property.
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PENNSYLVANIA: Ressler v. Ressler, ___ Pa. Super. ___, 644 A.2d 753 (1994).
The trial court did not err by considering the husband's postseparation lump-sum severance pay when calculating the equitable distribution of the estate, even though the severance pay was nonmarital property.
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UTAH: Marsh v. Marsh, 973 P.2d 988 (Utah Ct. App. 1999).
Military separation pay received by the husband after the parties' divorce was an advance on the husband's retirement pay and thus was subject to distribution under the parties' divorce decree.
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VIRGINIA: Luczkovich v. Luczkovich, 26 Va. App. 702, 496 S.E.2d 157 (1998).
The husband's severance pay was his separate property, where he negotiated and received the severance package two years after the parties' separation, and where the package was not compensation for services rendered during the marriage.
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