When deciding what each spouse is entitled to, the court will consider each spouse's age, length of the marriage, value of each spouse's assets, each spouse's role in the marriage (wage earner vs. homemaker), and whether either spouse attempted to destroy, hide or improperly sell any marital
asset in contemplation of the divorce.
Not exact matches
Such factors include «any agreement between the parties with respect to the ownership and division of the matrimonial
assets made
in contemplation of divorce.»
For example, it might be possible to transfer
assets into a family limited partnership that has both estate planning and
asset protection benefits however, if moving such
assets into a Family Limited Partnership or Trust is designed to remove the
asset out of the marital estate
in contemplation of divorce
in order to defraud the soon to be ex-spouse, the transfer may be rescinded by the court as being a fraudulent conveyance.
Concerning the husband's ability to pay, Hayden J expressed disbelief that he would not be able to find the money: «there is a plethora of
assets from which the relatively modest sum
in contemplation here could be raised quickly.
either party's wasteful dissipation of
assets or any transfer or encumbrance of
assets made
in contemplation of divorce without fair consideration; and