Sentences with phrase «division of the marital assets in»

With the exception of qualified retirement plan assets covered under the Employee Retirement Income Security Act (ERISA), state laws ultimately govern the division of marital assets in a divorce, and state laws differ radically on who gets what when the marriage ends.

Division of marital assets in MA must be «equitable», which means «fair».

An experienced attorney can be a useful resource during the division of marital assets in Virginia.

In Arizona, the family court includes decisions regarding support obligations and division of marital assets in the final divorce decree.

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

Not exact matches

Thus, said the judge, and by reference to White v White [2001] 1 AC 596, [2001] 1 All ER 1, «each party has contributed equally to the marriage» But for the séparation de biens marital property agreement, the judge took the view that he was «satisfied that, applying s 25 of the Matrimonial Causes Act 1973 (MCA 1973), giving first consideration to the welfare while minors of the three minor children and applying the checklist in s 25 (2), this would undoubtedly be a case for equal division of the assets».

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

The Division of Assets is responsible in a divorce case for dividing all marital property between the parties to the extent that the parties can not do themselves.

In Miller, the parties settled their division of property, and Wife subsequently sought a modification of child support based on the income that Husband derived from the sale of his share of marital assets.

Although the laws of the state of Michigan do not specifically favor men over women in divorce proceedings, it is easy to see why many women feel that they have an uphill climb when it comes to an equitable division of marital assets.

Where one takes over child - rearing responsibilities that would otherwise have to be paid for or shared by a spouse, he or she is still seen as contributing to the family's economic well - being, and this may have an effect on family asset division in the case of marital breakdown.

When a divorce is filed and granted in New York State as an «Uncontested Divorce» it means that the parties to the divorce (the husband and wife, or both spouses in a same - sex marriage), have signed their applicable divorce papers that were filed in court, to indicate that they both agree to all of the terms of their divorce, including: the equitable division of their joint marital property (assets and debts) and the payment or waiver of spousal support.

When speaking with your family law lawyer with regard to the division of marital property you should be aware of which assets are exempt from seizure in a bankruptcy situation, such as pensions, some RRSPs etc. and which are not, such as your free and clear boat, camper or snowmobile.

Federal law authorizes each individual state to treat military pensions as marital assets and it further authorizes each state to divide military pensions in accordance with each state's laws regarding the division of marital assets, so long as the rules and limitations imposed by federal law are complied with.

Earlier this month, the Tennessee Supreme Court ruled lifetime alimony is inappropriate provided a woman is in reasonable health, has a decent job and was fairly treated during the division of marital assets.

In addition to the division of marital property, spousal support may also be an issue in a high asset divorcIn addition to the division of marital property, spousal support may also be an issue in a high asset divorcin a high asset divorce.

The financial arrangements involved in divorce, division of community property, marital debts and assets, spousal maintenance / alimony, the question of which party stays in the marital home, and child support, are also best handled through negotiation and / or ADR.

In New York, the law regarding marital assets division during a divorce is based on the concept of equitable distribution.

You will require aid in understanding Louisiana divorce law, especially the division of your marital assets.

The court is subject to strict rules in what it can order on the division of marital assets.

Division of Assets and Matrimonial Property in the context of a married couple that undergoes a marital breakdown.

Ms. Senft's background in the family environment includes domestic mediation, separation and divorce, marital property and tax liability, domestic violence, high conflict, gay and lesbian partnerships, bankruptcy, religious annulment, parental rights, grandparents» rights, adoption, cognitive - psychological - social child development, parenting plans, religious faith and doctrine on marriage, adultery, adult grief and traumatic incident reduction, loss of child, abortion, guardianship, addiction, alcoholism, estates and trusts, real estate and personal property asset division, estate planning, end of life issues, elder care decision - making, and closely held family business, shareholder disputes and every variety of partnership conflict.

The marital separation agreement often includes decisions such as the division of property and other assets, alimony or maintenance payments, debt division, and which spouse is allowed to live in the family home.

Finally, it distributes the marital assets between the two parties in according to the protocols of community property division.

The key to uncontested divorce is that both spouses must be in agreement about the terms and conditions of the divorce, including child custody and visitation; child support, health and dental insurance, and medical expenses for the children; tax deductions and exemptions; division of the marital assets and debts; alimony; any other dispute involving the marriage; and lastly, the grounds for the divorce.

Instead, courts prefer to aid spouses in the division of marital assets, spousal support and child custody and support.

A Certified Divorce Financial Analyst specializes in the financial issues of the division marital assets.

For a reasonable additional cost, clients may also opt to work with our affiliated financial planners who will help them to visualize the future value of the net assets they take with them in their settlement as well as assist them in providing sound financial advice for the most sensible marital asset division scenarios.

In any divorce, a fair and equitable division of marital assets and debts are essential.

It states the relief the petitioner seeks, which may include custody of children, child support, division of assets and debts, rights to any marital property and anything desired in the separation.

Like in a divorce, in an annulment the couple must decide custody and the division of marital assets and liabilities.

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...

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.

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.

you can structure your divorce agreement in a non-standard way, whether that involves division of the marital assets, co-parenting or alimony,

Since Washington is a community property state with specific rules about the division of assets acquired by either partner during a marriage, dividing up your marital property (including debts) will also be required as a part of that process, just like in a divorce.

Mediation is particularly appropriate and effective in family disputes and can assist resolve differences which occur during marital breakdown, contact disputes, custody issues, disagreements over the division of assets and all kinds of issues that can arise in the family arena.

Of course, you and your spouse may specifically negotiate the legal date of separation in your agreement as you address the division of all of your marital assets and debtOf course, you and your spouse may specifically negotiate the legal date of separation in your agreement as you address the division of all of your marital assets and debtof separation in your agreement as you address the division of all of your marital assets and debtof all of your marital assets and debtof your marital assets and debts.

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.

It also helps to avoid taking divorces such as these into open court, where there is no predicting the way in which a judge might rule on the division of marital assets or any financial obligations one or the other spouses may be required to meet.

Property Division in Your Divorce The laws that govern the division of marital property and assets in all 50 states are all are based on one of two basic division methods used within the U.S. legalDivision in Your Divorce The laws that govern the division of marital property and assets in all 50 states are all are based on one of two basic division methods used within the U.S. legaldivision of marital property and assets in all 50 states are all are based on one of two basic division methods used within the U.S. legaldivision methods used within the U.S. legal system.

While many couples are able to reach an agreement that allows one spouse to remain in the home — especially if children are involved — an equitable division of marital assets may require the home to be sold and the proceeds distributed between the parties.

One of the most frequently asked questions during a divorce consultation and through the divorce process pertains to the division of marital assets, also known as equitable distribution in New Jersey.