Property Not Subject to Characterization (Post Divorce)

Future wages + post divorce efforts required = expectancy interest

Expectancy Interests generally not subject to characterization.

Future wages are generally not subject to characterization as community property.

Even if the future wages are derived or earned in part for the spouse’s work during marriage, if that future income is contingent upon the spouse’s continued efforts after divorce, the future income is known as a “mere expectancy interest” (not fixed) and not a property right that can be subject to characterization.

Note: If future wages accrue and are earned during marriage, but are NOT not contingent upon continued efforts after divorce, then the future payments are subject to characterization.