Source

Question 1

Personal Injury Awards

Answer 1

CADIDJIC - (Cause Action During Injured Divorce Justice Interests Commingled)

1. CP if cause of action arose during marriage;
2. Awarded to injured spouse on divorce; unless
3. Commingled/spent with CP; or
4. Interests of justice require.

Question 2

Personal Injury Liability

Answer 2

SACISC-MR -(SP Acting Community Insurance SP CP Medical Reimbursement)

1. SP of tortfeasor; unless
2. Acting for benefit of community;
3. Order of satisfaction is:
4. insurance of injured spouse > SP of tortfeasor spouse > CP (last resort);
5. Community reimbursed for CP funds paid on medical expenses pre-settlement.

Question 3

Educational Degree or Professional License

Answer 3

1. FC 2641 entitles community to reimbursement with interest for;
2. CP contributions to one spouse’s education; that
3. Substantially enhances earning capacity.
4. No reimbursement if
5. other spouse received CP-funded education; or
6. Community already substantially benefited (rebuttable presumption if 10 years have passed since degree).
7. If degree substantially reduced need for support, suggests community already substantially benefited.

CRIOSE-SE-NOR-CABS-10 (Community Reimbursement One Spouse’s Education Substantially Enhances No Other Received Community Already Benefitted Substantially 10-year)

Question 4

Goodwill

Answer 4

1. Catchall for intangible value in business;
2. Expectation of continued public patronage;
3. Market value - willing buyer price;
4. Capitalization - net income less reasonable salary x capitalization rate. Highest valuation method usually.
5. Any reasonable method okay.

CIV-EPP-MCA (Catchall Intangible Value Expectation Public Patronage Market Capitalization Any)

Question 5

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

Answer 5

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 6

Pension Benefits at Death - Terminable Interest Rule

Answer 6

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 7

Disability Benefits

Answer 7

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 8

Severance Pay (Similar to Disability)

Answer 8

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 9

Early Retirement Benefits

Answer 9

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)