Job Perks a Marital Asset?

Posted on May 29, 2008 by Jennifer Jaskolka-Brown

New Jersey's former governor, James McGreevey and his wife Dina Matos McGreevey are in the middle of a divorce. Some of you might recall that Former Gov. McGreevey announced several years ago during his term that he is a "gay American" resulting in the unraveling of his marriage. Although only married since 2000, Matos McGreevey is seeking alimony. The issue in today's hearing was not whether she is entitled to alimony but whether she is deserving of compensation for losing out on perks of her husband's job — state police transportation and a 24/7 security detail, a household staff and use of two beach houses — because he resigned 13 months shy of completing his first term.

McGreevey maintains that perks of the governor's office are not a marital asset.

In Iowa, one's job perks can be considered as a factor in determining (upward deviation from guideline amont) child support or alimony by looking at the cash value or the savings to the receiving party. Perks I have run across usually include paid cell phone, car allowance, gasoline, and country club memberships - not state security and use of summer rental homes. The McGreevey case is interesting because it involves perks that would have come to fruition if Gov. McGreevey served his entire term; they are not perks he currently receives.

Luckily the couple agreed on the important stuff ahead of time: custody of their 6 year-old daughter; however, the agreement remains sealed.

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Alimony under Iowa Law

Posted on October 9, 2007 by Jennifer Jaskolka-Brown
During divorce proceedings about half my clients ask whether they or their spouse is entitled to alimony. The answer is always "it depends."

 
After the equitable distribution of the marital estate the court will look at the whole spectrum of property available to both spouses—the marital property divided as well as the non-marital property under each spouse’s control. If one party is left with a deficit, then a court is to consider awarding alimony. In Iowa three types of alimony are recognized-periodic, rehabilitative, and reimbursement.

 
Periodic alimony is a monthly payment which terminates automatically upon the death of the person paying or the death or remarriage of the receiver. It can be modified if there is a material change in circumstances—either by increasing, decreasing, or terminating it. Finally, it is taxable to the recipient and deductible by the payor.

Rehabilitative alimony is typically awarded to parties who have put their career on hold while taking care of the marital home. It is meant to rehabilitate the individual into a job and become self-supporting.

 
Reimbursement alimony is intended as repayment to a spouse who put their partner through school where the financial rewards of the education have not materialized due to the short interval between the person obtaining the degree and the divorce.

 

The Court weighs other factors into its decision. Speak to a family law practitioner to see whether you qualify.
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