Q: Is my PTO and ESL separate property in California?
I earned most of my extended sick leave (ESL) and paid time off (PTO) before getting married in California. Im now getting this paid out during my marriage, is this considered community or separate property?
A: In California, the characterization of property as community or separate is determined by specific legal principles. Generally, property acquired before marriage is considered separate property, while property acquired during marriage is deemed community property. However, when it comes to paid time off (PTO) and extended sick leave (ESL), the situation can be more complex. While PTO earned before marriage may be considered separate property, it is important to note that if the PTO is paid out during the marriage, it could potentially be classified as community property. As for ESL, if it was earned before marriage and is paid out during the marriage, it may also be subject to community property laws. It is crucial to consult with a knowledgeable family law attorney to evaluate the specific facts and circumstances of your situation and determine the appropriate characterization of your PTO and ESL under California law.
1 user found this answer helpful
A: Are you going through a divorce currently? It's not clear. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.