Discretionary Bonus Accrued During the Marriage but Issued After Divorce

When it comes to divorce, money is always a hot point of contention especially when one spouse earns a discretionary bonus that accrued during the marriage but paid after the divorce judgment issued. With the end of the year approaching and receiving an annual bonus may bring concerns for a person going through a divorce in Illinois. For the spouse that learns her ex received a bonus shortly after the divorce is final, it is only natural to question whether it is subject to division as a marital asset. In the Illinois case, In re Marriage of Wendt, the Appellate Court ruled no. The Appellate Court held that a non-vested discretionary bonus accrued during the marriage, but received after entry of a judgment for dissolution of marriage, is not marital property.

Bonus Accrued During Marriage but Non-Marital Property?

So why was this bonus considered non-marital property?

Bonuses were Discretionary and Not Tied to Husband’s Job Performance

Taking those facts into consideration, the Illinois Appellate Court found that Scott’s bonus was his non-marital property and not subject to division.

Consult with an Experienced Chicago Divorce Attorney

THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/property-division/discretionary-bonus-accrued-during-marriage-but-issued-after-divorce/

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