Personal Injury Awards
CADIDJIC - (Cause Action During Injured Divorce Justice Interests Commingled)
- CP if cause of action arose during marriage;
- Awarded to injured spouse on divorce; unless
- Commingled/spent with CP; or
- Interests of justice require.
Personal Injury Liability
SACISC-MR -(SP Acting Community Insurance SP CP Medical Reimbursement)
- SP of tortfeasor; unless
- Acting for benefit of community;
- Order of satisfaction is:
- insurance of injured spouse > SP of tortfeasor spouse > CP (last resort);
- Community reimbursed for CP funds paid on medical expenses pre-settlement.
Educational Degree or Professional License
- FC 2641 entitles community to reimbursement with interest for;
- CP contributions to one spouse’s education; that
- Substantially enhances earning capacity.
- No reimbursement if
- other spouse received CP-funded education; or
- Community already substantially benefited (rebuttable presumption if 10 years have passed since degree).
- 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)
Goodwill
- Catchall for intangible value in business;
- Expectation of continued public patronage;
- Market value - willing buyer price;
- Capitalization - net income less reasonable salary x capitalization rate. Highest valuation method usually.
- Any reasonable method okay.
CIV-EPP-MCA (Catchall Intangible Value Expectation Public Patronage Market Capitalization Any)
Pension Benefits at Divorce (similar to life insurance and PI damages - inception of right)
MaTR-VEROP (Matured Time Rule Vested Either Retain Or Present)
- Matured - time rule pro rata;
- Vested - either court retains jurisdiction; or
- Present value at divorce time rule;
- Non-vested - nothing to allocate.
Pension Benefits at Death - Terminable Interest Rule
NEED-TIREDS (Non-EE Dies Terminable Interest Rule, EE Dies Survivor)
- Non-EE spouse dies first, TIR applies and CP goes back to EE;
- TIR abolished in 1986 except for ERISA;
- EE spouse dies first - CP goes to survivor, time rule.
Disability Benefits
CIRD-SIRP-ILP (CP Intended Replace During, SP Intended Replace Post, In Lieu Pension)
- CP if intended to replace lost wages during marriage;
- SP if intended to replace lost wages post-marriage;
- In lieu of pension = time rule.
Severance Pay (Similar to Disability)
CEED-SEEP (CP Employee During SP Employee Post)
- CP if EE spouse earns during marriage;
- SP if EE spouse earns Post marriage;
- CP if covering period during marriage.
Early Retirement Benefits
- Right to retirement that accrues during marriage before sepration underlies any right to enhancement;
- Enhancement is a modification, not a new asset;
- Is CP to the extent earned during marriage.
RADEM-CED (Right Accrues During Enhancement Modification CP Earned During)
