Preiss v. Preiss
Sick leave account is not an asset for division as it cannot be sold or transferred and has no market value.
Sick leave account is not an asset for division as it cannot be sold or transferred and has no market value.
Although termination benefits from an insurance company are speculative, they should have been included in the marital estate. The uncertainty of actual receipt is a factor to be taken into account at division. Court has discretion under Bloomer to devise a method of valuation.
Trial court erroneously included items of income (including bonus) as an asset where the income had been spent and not converted to tangible assets.
Ex-husband has equitable interest in sale of stock and thus has standing to challenge its sale to prevent waste.
Paintings created during marriage were marital property.
Royalties derived from invention of surgical instruments are to be shared by wife.
Lump sum severance pay was not a marital asset.
Accrued sick leave and vacation time are marital assets subject to division and distribution.
Accumulated sick leave benefits are martial property.
Opera singer’s celebrity status may be marital property. O’Brien is not limited to licensed professions.
A country club membership which cannot be sold, transferred, exchanged, redeemed, inherited or liquidated in any way is not marital property.
Severance pay and unused vacation pay are divisible marital assets.
Severance package was intended to replace future earnings and was not martial property.
Wife awarded frozen pre-embryos as part of property division due to her inability to procreate as a result of cancer treatment.
Software written by husband during marriage is marital property.
Capital Loss carryforward was marital property which can be allocated differently than the award of the underlying account.
A country club membership which cannot be sold, transferred, exchanged, redeemed, inherited or liquidated in any way is not marital property.
Patents are assets subject to distribution.
Future royalties earned by wife for books written during the marriage are marital property.
Federal copyright law does not preempt community property law to deny the non-author spouse the benefits of copyrighted work.