Title: July 2, 2008
Q. What is considered “separate” assets vs. “marital” assets?
A. A separate asset would be an asset obtained through inheritance, bequest or gift from a relative or personal friend. Let’s say you received a house in a will from your deceased mother, that house would be considered your separate asset. Marital assets are the assets you purchase during a marriage with either one or both spouses’ income or retirement funds (if accumulated during the marriage), such as the family residence, cars, jewelry, or any other asset.
Q. I have been working for a company since November of ’05. Last year, I received one week vacation pay. I have recently quit. Do I have any more vacation pay coming?
A. That depends on the company employee policy. Did you get an employee manual when you started working there? Every company is different. It appears that the company gives 1 week vacation per year, but it is only a guess. You would have to contact the company and inquire as to whether or not you are entitled to vacation pay. Again, company policy is the rule here. Companies do not have to give paid vacation to their employees. It is not a written law, but it is advisable for companies to give time off to their employees if only to keep them working for the company. There are too many other companies that want to treat their employees well for retention’s sake.
Q. What is an “uncontested” divorce?
A. It is a dissolution of marriage where the parties are in agreement with all the terms that need addressing in a divorce, such as division of assets and debts, child custody and visitation. In such an event, a marital settlement agreement is usually drafted, could be by an attorney or a para-professional, the parties sign it, the Judge signs it and it them becomes part of the Judgment.
Maxine de Villefranche is an attorney and civil general practitioner with 15 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661) 825-8880
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