Sentences with phrase «considered marital assets»

The general rule is that assets that are accumulated during marriage are considered marital assets regardless of the titling.

However, the value of the degree may also be considered a marital asset and subject to division.

An expert would be needed, for example, if a business were to be considered a marital asset.

For example, if one spouse created a business during the marriage, that business would be considered a marital asset that is subject to distribution.

If the entrepreneur no longer personally owns it, it can no longer be considered a marital asset.

Some important factors in determining whether inherited property should be considered a marital asset are:

Some items might be considered a marital asset.

Consider your marital assets.

You'll need first to check with your lawyer, or your state laws, to make sure that any new credit card you open won't be considered a marital asset.

Whether a home is mortgaged or not, if it is marital property, its equity is considered a marital asset and divisible by the divorce court.

For example, if you bought your car during the marriage but it's only listed in your name, it is still considered a marital asset.

The spouse asserting that a commingled asset is a non-marital asset has the burden of proof, which means it's up to that spouse to prove to the court that the commingled asset should not be considered a marital asset.

Perhaps they agree that even an asset that was acquired during the marriage will not be considered a marital asset, agreeing instead that all funds they deposit into their IRAs and 401 (k) s will never become marital property.

Perhaps they agree that even an asset that was acquired during the marriage will not be considered a marital asset, agreeing instead that all funds they deposit into their IRAs and 401 (k) s will

This essentially means that it can be considered a marital asset that is divided as part of the resolution of all divorce - related issues.

Not exact matches

Consider a pre-nuptial agreement to protect any assets in the event of a marital breakdown.

There are many different types of property that must be considered in cases involving Virginia division of marital assets.

That home is considered a hybrid because it was separate when it was brought into the marriage by one spouse but by contributing marital assets to increase the value, there is also a marital portion of that asset.

The Court of Appeals of Arizona granted review of Anthony Toth, Petitioner - Appellee, v. Gloria Snyder Toth, Respondent - Appellant to consider whether an equitable distribution of marital assets would require that -LSB-...]

A prenuptial agreement can also provide that business assets, a professional practice or an academic degree will not be considered part of the property to be valued and divided in divorce, or it might provide that the moneyed spouse will pay a specified amount to buy out the marital interest.

In considering the equitable distribution award, the appellate court first pointed out the distinction between the considerations in equitable distribution and the considerations for spousal support, that spousal support requires a consideration of the equities between the parties and the standard of living established during the marriage while equitable distribution is concerned with the acquisition, growth and preservation of marital assets, citing Lightburn v. Lightburn, 22 Va..

The court did not impute income to the wife because of her long absence from the workforce, and would not consider income from her award of equitable distribution as she would have to deplete her share of marital assets while husband kept his.

An inheritance may be considered marital property if it has been «commingled» with marital assets and is used in a way that provides a benefit to jointly - owned marital property.

When assets are divided during divorce, one of the most important elements is determining whether property is considered marital or nonmarital.

She asserts that the trial court failed to consider the value of the husband's stock in his company, Long Electronics, when it divided the marital assets.

Listing specific assets now can help down the road when a party must attempt to show which assets are considered separately owned, rather than marital property.

We therefore uphold the family court's finding that the business was transmuted into marital property and further hold it is unnecessary to consider whether Wife should have received only a special equity in this asset.

In what was widely considered the most important family law case of the decade, with national implications, Burns won a unanimous Massachusetts Supreme Judicial Court (SJC) ruling on the issue of trust assets as marital property that could be divided in divorce proceedings.

Determining what portion of these assets should be considered marital property can be quite complex.

Marital property in Florida is considered to be all assets and debts either spouse acquires during the marriage, unless there is a valid written agreement stating otherwise, regardless of whether the property or debt is only in one spouse's name.

A divorcing father's unilateral decision to use a marital investment account to pay for his adult son's master's program was properly considered waste of the marital assets, the Court of Appeals of Virginia has ruled.

Assets owned by respective spouses before marriage are not considered marital property by New York courts; neither are gifts, inheritances or tort compensations for pain and suffering that were received by one spouse but not the other.

The court will also consider each spouse's age, health, income and potential earning capacity when dividing 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.

Finally, Moylan J considered the origin of the marital assets and the fact that the husband had had no positive effect on the value of the matrimonial home or the wife's assets.

As long as the asset or debt was acquired during the marriage, with a few notable exceptions, it is considered marital property and will be divided in an equitable manner.

You would think by now that people would know NJ divorce mediation is the only way that one should even consider getting a divorce but alas, only a small percentage of couples are smart enough to use a mediation service as a means to peacefully and efficiently resolve their differences and come to a fair and equitable distribution of their marital assets and liabilities.

This law provides that all assets and debt acquired during a marriage are considered marital property and are therefore subject to division among the spouses.

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

Nonmarital property may also include assets or liabilities acquired by a non-interspousal inheritance or gift, or assets and liabilities excluded from being considered marital property in accordance to a valid written agreement, such as a prenuptial agreement.

These assets are generally not considered marital: assets accumulated while cohabiting before marriage; an inheritance kept separate from marital property; increases in the value of a separate asset by passive appreciation (e.g., interest).

Often, a forensic accounting investigation is needed to trace the assets listed in the premarital agreement to establish whether the assets remained as separate property, whether they were transmuted or commingled with marital property, and whether any incremental appreciation was created during the marriage that must be considered in the divorce.

The court may also consider the contribution of the spouses in the accumulation of marital assets and the role in the marriage.

If the property can not be adequately traced to a separate property source, the asset will be considered marital property and subject to division between the spouses.

For example, if one spouse conducts an extramarital affair and spends marital money on that affair, the court may consider that waste of marital assets when dividing the remaining marital property.

The court considers various factors when dividing marital assets, but fault is not one of them.

Such assets are considered marital property and are divisible in a divorce proceeding.

During the separation, any assets that are accrued by either spouse are still considered marital property and as such, are held jointly.

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.

For example, if you used marital assets to improve or maintain a house that you inherited during your marriage, the court would likely consider the increased value of that house as marital property even while it considers the house itself to be your separate property.