Sentences with phrase «determining marital assets»

If the commencement date of the first action for divorce is the proper date for determining marital assets then, by statute, the IPO is husband's separate property.

Not exact matches

There are exceptions to that rule, but that is the starting point in Virginia law for determining what marital property is when dividing assets in Virginia.

To evaluate marital assets, the court generally determines fair market value.

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.»

There are two main reasons why a couple may want to determine the division of marital assets without going to trial.

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.

After we have found hidden assets, we will value them and determine whether they are separate or marital property.

The first step in property division is to determine which assets are marital property and which assets are separate property.

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

Often, the real value of property can be hard to determine, making it hard to know if you are getting your fair share of the marital assets.

In the case of the business, the premarital value of that asset was determined to have been transmuted into marital property.

In the October 31, 2011 opinion in Burch v. Burch, 395 S.C. 318, 717 S.E. 2d 757 (2011), the South Carolina Supreme Court finally ratifies the passive versus active gain distinction the Court of Appeals has used for years in determining the valuation date for marital assets that change value between the date of filing and the -LSB-...]

Whereas, however, the family court determined that the entire business had been transmuted into a marital asset, there was no finding that the nonmarital portion of Wife's retirement account had been transmuted.

When property ownership is an issue in a marital dissolution case, the Forensic Accountant can help determine what portion of the asset (or debt) is separate vs. community.

When a business is a marital asset involved in a Pennsylvania divorce proceeding, it may be necessary to determine its value for equitable distribution.

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

During divorce, forensic (or investigative) accounting professionals can trace the paper - trail of funds through the various accounts of the marriage, determine the actual income of the family, verify claims of «co-mingling» marital and separate assets, or determine the validity of a potential claim for dissipation of marital assets (see «Dissipation Issues,» below, for more on this topic).

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?

An experienced lawyer will need to review your particular situation in order to help determine what should be separate and what should be marital assets.

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

If a case is highly contested, and / or one spouse has a history, for example, of hiding or dissipating marital assets, subpoenas of bank accounts and other financial statements can be obtained to help the court determine an award of equitable distribution when one spouse refuses to provide documentation evidencing same, or if the court or your divorce lawyers in Brooklyn have reason to believe that your spouse is not being entirely truthful in his or her disclosure of these 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.

States determine the division of marital assets in two major ways.

Absent an agreement, experts may be retained by the parties or by the courts to determine the value of marital assets.

Depending upon the asset and the agreement of the spouses, different methods of valuation are used to determine the value of a marital asset.

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

The date of filing potentially determines the cutoff date to acquire marital assets or debts.

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

However, if couples decide to get divorced, determining who should take ownership of the marital assets can get confusing.

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.

An asset may be marital or nonmarital, but that distinction is for the court to determine if you and your spouse do not agree.

Also, if you owned the business prior to the marriage, it will need to be determined if the business is a marital asset.

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

An asset may only be determined to be marital by agreement of the parties or determination of the judge.

«Our firm assists women and their divorce attorneys with determining the most advantageous way to divide marital assets.

Even though it's called a Property Settlement Agreement, this agreement covers much more than the division of property or equitable distribution of property — it's also about child custody, parenting time, division of assets (including personal property, real estate such as the marital home, retirement assets and pensions, and businesses), alimony, and any other additional issues that must be determined in furtherance of divorce or dissolution of marriage.

This can involve unique strategies to deal with child custody issues such a parental alienation, or financial issues involving businesses and valuations, and determining assets and liabilities that should be included in a marital allocation at divorce.

However, a court could determine that their marriage ended as of the date they physically separated, and thus the values of all of their marital assets and debts could be measured as of that date.