If I want a divorce from my husband but he is still due his army reserve signing bonus, am I entitled to any of it?

He signed a contract with the army reserves over a year ago and has yet to receive his $20,000 bonus that is within his contract. Am I entitled to half of that bonus during our divorce or after our divorce is final if he still hasn’t received it, since he signed the contract while we were married? What if he receives it during our divorce but before it is finalized?

Asked on December 8, 2015 under Family Law, Massachusetts

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The court cannot grant or divide a future asset.  Even though your husband signed a contract, there is a chance he won't earn that contract.  As such, you need to wait until after he has received the bonus to seek or finalize your divorce. As far as how much you will receive, that will depend on the value of the estate and how the court divides the estate.  For example, if there is a vehicle worth $20K with no lien and it is awarded to you... then the court could let him keep the bonus... as a way to equalize the division of the estate.


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