Real estate commissions, which husband earned in part or in whole during the marriage but did not expect to receive until after the date of the conclusion of the evidentiary part of the divorce trial, were part of the marital estate, although commissions were for units in a project that had not yet been constructed and husband testified that other escrows had been cancelled because the units were in condominium projects with financial problems, where husband did not have to perform any additional duties to receive his escrow commissions or do anything after the marriage was dissolved to earn those commissions, husband’s existing escrows were not for units in projects with financial or other problems or any other evidence that those escrows might not close, and, presumably, husband’s expectancy was based on a contractual agreement.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com
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