DIVORCE HQ Newsletter Archives

DIVORCE HEADQUARTERS NEWSLETTER Issue #23, May 2002

Know someone else going through the process? If you think they could benefit from this newsletter feel free to pass it on in it's entirety to them.

"The best thing about the future is that it only comes one day at a time."
- Abraham Lincoln

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In this Issue:

Does your child have to travel alone to summer visitation?
Dividing Unvested Pensions and Stock Options in a Divorce
by Maury D. Beaulier, Esquire
Divorce Humor

1. Does your child have to travel alone to summer visitation?

Hard to believe summer is just around the corner. If you have a visitation schedule that requires your minor child to travel to a non custodial parent you should already be planning. As we all know, since September 11 many airlines have had to overhaul their policies including those for what the industry calls "unaccompanied minors". Here's what I've found on the individual airlines websites:

Delta Airlines: "When children between the ages of 5 and 11 fly by themselves, we recognize that your most important concern is your child's safety and well-being. It is our concern as well. Delta is dedicated to making your child's flight an exciting and enjoyable experience. We can also provide, on request, service to children ages 12 through 17 who are traveling alone. Please call 800-221-1212 to speak directly with one of our reservations representatives regarding travel restrictions when your child is traveling without you. Note: Adults planning to escort children to or from departure/arrival gates must obtain proper documentation from the Delta Ticket Counter before attempting to pass through airport security check points." For more information, contact Delta at 800-221-1212.
Continental Airlines: "Unaccompanied minors under 5 years of age are not accepted Unaccompanied minors ages 5-7 years accepted for nonstop and direct flights only Unaccompanied minors ages 8-14 accepted for nonstop, direct and connecting flights. Travel will not be allowed on a Continental flight departing between the hours of 9:00 p.m. and 5:00 a.m. unless travel is on nternational flights, flights operating out of Honolulu, or domestic flights of 2 hours or less. Unaccompanied Minors will not be accepted for travel on the last connecting flight of the day to their final destination, or if there is any possibility of a missed connection." For more information, contract Continental at 800-525-0280.
Northwest Airlines: "Northwest Airlines welcomes unaccompanied children and teenage passengers on our flights. Children ages 5 through 17 may fly unaccompanied on nonstop, direct or connecting flights. Children ages 5 through 14 will not be accepted on the last connecting flight of the day, or red-eye flights." For more information, contact Northwest at 800-225-2525.
US Airways: "Children traveling alone on US Airways (unaccompanied minors) are always supervised while in US Airways' care. Uniformed employees provide assistance for each child from the point of departure, through any connecting airports, to the final destination airport. Unaccompanied children, between the ages of 5 and 7, may travel on US Airways nonstop or direct (one stop with no change of plane) domestic flights. A service fee each way is required. Flight connections to other airlines are not permitted. Unaccompanied children, between the ages of 8 and 11, may travel on all US Airways nonstop, direct (one stop with no change of plane) or connecting flights. A service fee of each way is required for nonstop or direct flights as well as connecting flights. Flight connections to other airlines are permitted and additional fees may be required." For more information, contact US Airways at 800-428-4322.
United Airlines: "Children ages five through eleven who are traveling alone are considered unaccompanied minors. Unaccompanied children must be at least five years old to fly on United®. Fees and regulations apply as follows: United accepts children from five through seven years of age on United flights that are nonstop or require no change of aircraft. They must be brought to the departure airport by a parent or responsible adult who will remain at the airport until the child boards and the aircraft departs the gate. This individual must provide evidence that another parent or responsible adult will meet the child at their destination. We accept children eight through eleven years of age for transportation entirely on United or for travel that includes flight connections to many other airlines. Unaccompanied minors must be brought to the departure airport by a parent or responsible adult who must remain at the airport until the child boards and the aircraft departs the gate. This individual must provide evidence that another parent or responsible adult will meet the child at their destination. Acceptable evidence includes a name, street address, and telephone number."
American Airlines: "Children under 5 years of age cannot travel alone under any circumstances. Children under 8 years of age cannot travel alone on connecting flights (conditional on American Eagle.) Children under 8 years of age cannot travel alone on connecting itineraries or flights that involve an aircraft change. Children under 12 years of age will not be accepted for co-terminal connecting itineraries because an unaccompanied child under 12 years may not use ground transportation unescorted, i.e. a ground change from New York La Guardia to New York Kennedy. An unaccompanied child can be from 5 to 11 years of age. Children 12 years of age and over will be considered young adults."

In spite of the new FAA procedures allowing only ticketed passengers in airport concourses, the FAA will allow parents to escort their ticketed children to the gate.

As a reminder, it is strongly recommended that you arrive at the airport at least two hours before scheduled departure in anticipation of delays from additional security measures.

The following is an excerpt from an article submitted by one of our professional members. For full text of all articles visit http://Divorcehq.com/articles.html

2. Dividing Unvested Pensions and Stock Options in a Divorce
by Maury D. Beaulier, EsquireL

Often Parties are faced with difficult issues related to the division of property. One of the more vexing property settlement issues is dividing marital assets that have not yet vested.

Since the property rights have not vested and are not owned, do they have a value?

Minnesota's Appellate Courts have wrestled with this issue frequently in the past. As a result, there is no longer any doubt that even unvested property rights, whether stock options or pensions, are considered marital and may be divided as part of a divorce proceeding.

In the 1987 case of Salstrom v. Salstrom, Minnesota courts specifically addressed the issue of unvested stock options. In that case, the Court noted that stock options exercisable after the date of the divorce are similar to vested pension plans and concluded that these options "are an economic resource acquired during the marriage constituting a marital asset." It is also recognized that unvested stock options have both marital and nonmarital aspects which must be apportioned. There is a marital value to the options since the options were granted during the marriage. There is also a non-marital element since they are likely to vest after the marriage has been dissolved and are earned, in part, through the continued labor of the employee spouse after the divorce.

To determine the relative marital value and non-marital values of stock options, Minnesota Courts have looked to the same methods that are used for valuing unvested pension interests. The Minnesota Supreme Court outlined a method of division for vested but unmatured benefits in the case Taylor v. Taylor, 329 N.W.2d 795 (Minn.1983). In that case, the Court stated that nonvested pensions need not be treated any differently than vested but unmatured pension rights or benefits: both contain contingencies on the actual payment of pension benefits.

Looking at cases across the nation, there are two possible methods for dividing unvested assets, including stock options. Under one method, the divorce Court retains jurisdiction to apportion the unvested benefit at some point in the future only if and when that benefit is paid. This is the approach suggested in the California case In re Brown, 15 Cal.3d 838, 126 Cal.Rptr. 633; 544 P.2d 561 (1976), and echoed in similar decisions in other states such as In re Marriage of Hunt, 397 N.E.2d 511, 519 (1979), an Illinois decision.

A second, and more preferable method, is to divide the unvested benefit based on a percentage formula. This is particularly appropriate where it is difficult to place a present value on the pension or profit sharing interest due to uncertainties regarding vesting or maturation. Under this method the trial court in its discretion may award each spouse an appropriate percentage of the pension to be paid "if, as and when" the pension becomes payable. The formula used to determine the respective non-martial and marital interest in the benefit by taking the total number of years over which the benefit is earned and using that number as the denominator. The numerator is the number of years over which the benefit accumulated during the marriage.

Even in this second method of division, the trial court retains jurisdiction over the division of unvested benefits.

For the full the version of Mr. Beualier's article go to:
www.divorcehq.com/articles/divpensoptions.html

ABOUT THE AUTHOR

Maury D. Beaulier is the founder of The Beaulier Law Office which has developed a large and active family law practice dedicated to providing each family law client with detailed information about every element of their case.

He can be contacted by phone at (952) 831-5000. He can be contacted by phone at (952)746-2153 or or Visit Web Site

3. HUMOR

Love may be blind, but marriage Is a real eye-opener!
-- Source Unknown