Dispute Resolution - Between Spouses

Question 1

Pension Benefits at Divorce (similar to life insurance and PI damages - inception of right)

Answer 1

MaTR-VEROP (Matured Time Rule Vested Either Retain Or Present)

1. Matured - time rule pro rata;
2. Vested - either court retains jurisdiction; or
3. Present value at divorce time rule;
4. Non-vested - nothing to allocate.

Question 2

Pension Benefits at Death - Terminable Interest Rule

Answer 2

NEED-TIREDS (Non-EE Dies Terminable Interest Rule, EE Dies Survivor)

1. Non-EE spouse dies first, TIR applies and CP goes back to EE;
2. TIR abolished in 1986 except for ERISA;
3. EE spouse dies first - CP goes to survivor, time rule.

Question 3

Disability Benefits

Answer 3

CIRD-SIRP-ILP (CP Intended Replace During, SP Intended Replace Post, In Lieu Pension)

1. CP if intended to replace lost wages during marriage;
2. SP if intended to replace lost wages post-marriage;
3. In lieu of pension = time rule.

Question 4

Severance Pay (Similar to Disability)

Answer 4

CEED-SEEP (CP Employee During SP Employee Post)

1. CP if EE spouse earns during marriage;
2. SP if EE spouse earns Post marriage;
3. CP if covering period during marriage.

Question 5

Early Retirement Benefits

Answer 5

1. Right to retirement that accrues during marriage before sepration underlies any right to enhancement;
2. Enhancement is a modification, not a new asset;
3. Is CP to the extent earned during marriage.

RADEM-CED (Right Accrues During Enhancement Modification CP Earned During)

Question 6

Equal management and control

Answer 6

1. EM&C effective 1/1/1975, real and personal CP, retroactive
2. Personal CP - access to bank accounts in one spouse’s name is exception;
3. Written assent of both spouses for gift to 3P or sale of CP personal belongings for < FMV;
4. At death of donor spouse, gift can be voided up to One Half its value;
5. Real CP - BFP presumption;
6. Add-a-name to title remedy
7. Dispense with joinder requirement if in best interests or unable to obtain consent.

EMABAGOH-BA-DJ