Sentences with phrase «how marital assets»

No «hard core» decisions as to how marital assets should be equitably distributed should be made in the separation agreement.

Florida follows the equitable distribution system in divorce to resolve how marital assets are divided.

Having a simple prenuptial agreement in place will allow the couple to have a say in how the marital assets and finances are divided.

How marital assets and debts are divided in order to come up with a viable property settlement agreement can be one of the most contentious issues in divorce proceedings.

In the event of divorce or the death of a spouse in a marriage, judges have considerable leeway in deciding how the marital assets are to be distributed and disposed of.

The individualized nature of same - sex marriage laws has a considerable impact on the manner in which a court determines the length of a marriage, what constitutes marital assets, and how marital assets will be allocated between the parties.

Not exact matches

Unless you are already business partners with your spouse or spouse - to - be, it is important to understand how your business assets — and potentially your business partners — could be affected by a marital split, as Murdoch surely knows.

If you do not know how much money is in the retirement accounts, you will need to take an inventory of your marital assets.

How splitting marital and nonmarital assets works in divorce.

After awarding non-marital assets and liabilities, the court then decides how to distribute marital property accumulated during the marriage.

Additionally, dividing marital assets outside of court allows a couple to determine how such assets should be divided.

As near as I can tell the only difference is that, rather than simply awarding Husband an additional $ 31,751.95 in equitable distribution, it remanded the matter back «to the family court to determine how the distribution of marital assets shall be modified to reflect this adjustment.»

Filed Under: Alimony, Alternative Dispute Resolution, Child Custody, Child Support, Divorce - General, Domestic Violence, Equitable Distribution, How we work, Practical Advice Tagged With: Alimony, Alternative Dispute Resolution, Asset Division, Child Custody, Child Support, Custody, custody litigation, customer service, divorce, Equitable Distribution, Marital Property, Separation Agreement, terminate support

Filed Under: Collaborative Divorce, Collaborative Law, Divorce - General, Divorce Tips, Equitable Distribution, How we work, Practical Advice Tagged With: Alternative Dispute Resolution, Asset Division, divorce, Marital Property, Separation Agreement, Taxes

The only way adultery might have much of impact on how assets are distributed would be if one person used certain marital assets to support the extra-marital relationship.

Filed Under: Alimony, Child Support, Divorce from Bed and Board, Equitable Distribution, Health Insurance, How we work, Marital Home, Practical Advice Tagged With: Alimony, Asset Division, Child Support, divorce, Equitable Distribution, housing market, Marital Home, Marital Property, Separate Property, Separation Agreement

Instead of going in to court and asking a judge who does not know the intricacies of the divorcing parties to resolve the divorce, the two parties and their Fairfax marital agreement lawyers use the information they have and their knowledge of their own assets and family to decide for themselves how best to resolve the aspects of their divorce.

Ideally, you and your spouse will decide together how you want to divide the marital property — you'll have to decide things like whether one of you will keep the family home and buy out the other spouse's interest or whether you'll sell the house; who will keep the furniture and other tangible property; how you'll divide retirement assets that each of you has accrued through your work; and how to deal with marital debts.

In a divorce, we understand that the spouse whom we represent will have important questions: what will happen to the marital property, will alimony or spousal support be awarded (and if so, how is this determined), what will happen to our house, vehicles, and other significant assets, who will be entitled to live in the current residence, and how will custody matters be determined?

Couples can also make decisions about how their joint or marital property, assets, and income will be treated during the marriage and in the event of a divorce; they can also set limits on alimony (spousal support).

However, some couples end up spending thousands of dollars in legal fees arguing over how to split the limited pot of marital assets.

A court will want to consider everything when it is attempting to determine how best to split marital assets and debts, and to whom physical custody of the children will be awarded.

The Judge also determines what he or she thinks ought to be included with the marital property to be divided, the value of those assets, and how the assets (and debts) will be allocated as between the parties.

Filed Under: Collaborative Divorce, Collaborative Law, Divorce - General, Divorce Tips, Equitable Distribution, How we work, Practical Advice Tagged With: Alternative Dispute Resolution, Asset Division, divorce, Marital Property, Separation Agreement, Taxes

If you have no children and few marital assets, or you've pounded out an agreement with your spouse about how to divide things up, it's time to jump into the court process.

In addition, you and your spouse may have signed a prenuptial or postnuptial agreement, which will usually dictate how a court will split marital assets and debts.

In other words, the fact that your spouse had an affair is not going to affect how your property is divided, but if your spouse spent significant marital assets on the affair, then it may have an effect.

In determining how to best divide marital assets and debts, the court will consider what each spouse brought into the marriage.

Filed Under: Alimony, Alternative Dispute Resolution, Child Custody, Child Support, Divorce - General, Domestic Violence, Equitable Distribution, How we work, Practical Advice Tagged With: Alimony, Alternative Dispute Resolution, Asset Division, Child Custody, Child Support, Custody, custody litigation, customer service, divorce, Equitable Distribution, Marital Property, Separation Agreement, terminate support

If you file for divorce after January 1, 2013, your spouse must notify the court that he intends to pursue a claim for dissipation of marital assets, and the court sets a limit as to how far back before your separation these claims can apply.

Additionally, a separation agreement should typically discuss who is living in the marital residence and how the couple is handling debts, assets and shared property during the separation.

Your state's laws determine how your divorce court can repair the damage caused by your spouse's dissipation of marital assets.

The court determines how to divide property by evaluating several key factors, which include the needs of each spouse, the standard of living of the parties during the marriage, each spouse's age as well as health and earning capacity, any established custody arrangement, each spouse's contribution to the marriage and marital assets, and the income, assets and debts of each spouse.

The court considers the duration of the marriage, individual assets and potential for bringing in money, how much each contributed to the marital property, including homemaking, and who will have physical custody of the children.

You and your spouse are prepared to agree on how to divide your assets and liabilities in a marital settlement agreement;

However, courts in the state have discretion as to how to divide marital assets.

During divorce proceedings, most courts will distinguish between marital and separate property when determining how to divide assets between spouses.

: How and When Dissipation, Depreciation and Depletion impacts an Equitable Division of Marital Assets.

Sometimes referred to as a divorce agreement, property settlement agreement, a marital settlement agreement for divorce or separation is a legal contract which indicates how you intend to divide your assets and debts, as well as spousal support and / or child support.

In todays episode we discuss the applicability of the Minnesota Uniform Fraudulent Transfers Act to marital dissolution proceedings and explore how and when a court might look at how the division of assets and debts might appear to be an attempt to...

When there is a large marital estate, the place of filing can make a difference in how assets are divided.

A marital settlement agreement is a legal contract of how you intend to divide your assets and debts, as well as spousal support and / or child support.

If you have questions regarding how your marital estate (liabilities and assets) may be divided or allocated in divorce, please contact my office for an initial consultation.

Similarly, while Tennessee's property division statute requires that marital property be divided «fairly and equitably,» Collaborative Divorce allows the parties also to run particular settlement ideas through the filter of a neutral financial expert, who may have ideas about how to divide the estate in a way that is legally fair and equitable, but that also minimizes tax liability or maximizes growth on retirement assets, for example.

The biggies: the well being of the children, how to divide assets, who gets the marital home and the complications of a parenting plan.

Michigan law provides that an asset may be considered marital property based on a number of factors, including when the practice was founded, how it has grown during the marriage, and how profits are managed.

In divorce and child custody cases, the contested issues vary depending on the parties» unique circumstances, but generally they concern with whom the children will reside (physical custody), who will make decisions concerning their religious and educational upbringing, medical care and treatment, and extracurricular activities (legal custody), how the assets and debts of the parties will be divided (equitable division of the marital property), and what kind of spousal support, if any, is to be paid by one party for the support of the other spouse.

Ideally, though, the decision whether to sell or not should be part of the entirety of the legal and financial planning that goes into how you will divide the marital property and assets, and how you will pay your ongoing expenses after separation and divorce.

While military divorce functions similarly to standard divorce, there are several special considerations involved regarding how and where the case is filed, the process for dividing marital assets, spousal maintenance and child support provisions and other concerns.

Basic concerns that often arise during the process are «Who is going to live in the marital residence» «How will we afford two households», «How will we be able to financially take care of the children, and spouse if applicable», «How will we divide assets and debts».