Modesto, CA asked in Family Law for California

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?

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

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

James R. Dickinson
James R. Dickinson
  • San Bernardino, CA
  • Licensed in California

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.]

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