Sometimes, severance pay is called separation pay, and it is part of what is called a "buyout" package, by which employers divest themselves of older workers without exposing themselves to allegations of age discrimination. In this routine, the older worker voluntarily departs, having waived any rights to charge age discrimination. In the case of reductions in force ("layoffs," as they are called,) sometimes the severance pay is sweetened by employer’s promise not to contest unemployment benefits.

As it applies to divorce, retirements under these circumstances may obscure an easy distinction between types of severance pay and early involuntary retirement benefits, particularly when a person retires early after a divorce. Sometimes early retirement benefits can be seen as compensation to an employee for a specific service, that is, retiring early. Courts face the challenge of deciding what portion of these benefits are separation pay (and separate property) and what portion are retirement benefits earned during a marriage (and marital property).

See Retirement.

See also Defined Benefit Plan, Defined Contribution Plan, Qualified and Nonqualified Plan, Pension Plan; ERISA; PBGC.

Your Suggestion