Sentences with phrase «during marriage»

Marital property is that which is acquired during marriage, while separate property is what a spouse owns prior to marriage or acquires by gift or inheritance during the marriage.
The court had awarded the wife half of a particular stock that had been acquired during the marriage and did not consider the stock that had been acquired before the marriage.
Spousal support is a payment from one spouse to the other to help the recipient spouse maintain a lifestyle as close as possible to the one they had during marriage.
The court conceded that the stock options» purpose was to reward the husband for past work, i.e., efforts that took place entirely during the marriage.
When a spouse acquires stock options during the marriage and the options vest prior to the applicable valuation date, these options are marital property, even if they haven't been exercised.
They had two children during their marriage.
A distinction is drawn when it comes to dividing non matrimonial property up on divorce when compared to money or property that has been built up during the marriage through either or both spouse's work.
Certain types of property remain the separate property of only one spouse, including property each spouse owned before marriage or acquired during marriage by gift (not including gifts from the other spouse) or by inheritance, as well as property falling into one of the following categories:
In Virginia, separate property remains in the hands of the spouse who owned it before or during the marriage.
A spouse can convert separate property to marital property by changing title from individual to joint ownership during the marriage, in which case a court would presume that the spouse intended to make a gift of the property to the marriage.
Wife lived in cooperative housing at a standard of living far below that which she was accustomed to during the marriage.
Martial misconduct can limit your ability to receive or obligation to pay alimony, and adultery during the marriage and prior to separation will completely bar your rights to receive alimony.
There are many reasons why married couples separate during their marriage.
The mandates were held to have been generated during the marriage and were divided 1:2 in Husband's favour to reflect his greater endeavours.
North Carolina judges consider marriages as partnerships, and if one spouse supports a dependent spouse during the marriage, then alimony is usually granted.
J. Thomas Oldham, Divorce, Separation, and the Distribution of Property § 13.01 [5] at p. 13 - 8.2 (2001)(«A divorce court normally applies its law to govern the division of spouses» property, regardless of whether the spouses were married in another jurisdiction or lived elsewhere during the marriage.»)
In a recent case called Regnier v. Regnier, the court considered a narrow issue: whether a wife's decision during the marriage to go back to school automatically meant that the husband suffered financial disadvantage, for which he should be compensated by way of spousal support....
Whether a Marriage Separation Agreement is legally binding depends on the laws of the state in which you lived during the marriage.
The reasoning was primarily based on the general principles of the 1985 Act that spouses should share only the wealth accumulated by a spouse over the period of the marriage, and in particular, section 10 (4) which defines matrimonial property as only assets which are acquired during the marriage and before the relevant date.
Keith Urban and Nicole Kidman's prenuptial agreement cuts him out of her $ 150 million if he uses illegal drugs during their marriage.
The divorce settlement entitled his ex-wife to half of the income from any spinoffs of work created during their marriage.
The amount of spousal support will take into consideration the amount of money the parties were savings during the marriage.
You will then need to determine what other assets were acquired during the marriage to determine what property is community property.
The most significant exception to this general community property rule pertains to property acquired by gift to a particular spouse or through a spouse's inheritance during the marriage.
The idea behind alimony is to sustain the lesser paying spouse at a certain financial level that is supposed to be comparable to what existed during the marriage.
A: During a divorce proceeding the party that was making the car payments during the marriage will have to continue making these payments.
Separate property generally described as spouses property which is owned by that spouse before marriage or was acquired during marriage by gift or inheritance.
In these cases the individual receiving support is placed in a position that her support might be compromised because she did not live a lavish life style during the marriage.
Gifts or inheritances to either spouse during the marriage is non-marital property.
It also disagreed with the family court's determination that Wife's circumstances had changed so substantially during the marriage that it was no longer equitable to enforce the agreement, as:
They are fighting for an approach to marital property that would give a husband and wife equal control and ownership over property obtained during the subsistence of the marriage during marriage, and half the value -LSB-...]
In short, Qualified Domestic Relations Orders (QDRO's) are often used in a divorce proceeding to serve two functions: — divide retirement benefits earned during marriage and / or a registered...
Wife's financial expert concluded the marital portion of Husband's earnings during the marriage was $ 551,878 and conservatively estimated the value of Lifeguards at $ 1.1 million and attributed $ 500,437 to a «marital allocation.»
Marital property includes most assets and debts a couple acquires during marriage.
The prenuptial agreement included a mutual waiver of alimony, as well as a waiver of any interest in the other's premarital businesses or any property acquired by the other during the marriage.
In an «equitable distribution» state, all property acquired during the marriage is «marital property» and all property owned before the marriage is «non-marital» property.
Reimbursement support is awarded when one spouse made contributions during the marriage to the other's earning capacity, such as by supporting a spouse through graduate or professional school.
Debt incurred before marriage or after separation is typically considered «separate debt», however student loans borrowed during marriage may be deemed «marital» debt, especially in the community property states.
However, the community will have an interest in the increased value of the business during the marriage.
Property is separate if a spouse owned it before marriage or acquired it during marriage by gift or inheritance.
If you or your spouse has cheated during the marriage it is typically only an issue of emotions involved, not an actual legal factor in the divorce proceeding.
There are some types of property that are obtained during the marriage that aren't considered to be community property.
There are two kinds of spousal privileges, one being the communication privilege pertaining to communication inspired by the marital relationship and confidentially disclosed between husband and wife and applicable to criminal and civil cases: this privilege is strong, and survives death or divorce as long as the communication was during the marriage, and...
Although you could still get divorced because of your spouse's adultery or cruelty, misconduct was removed as a consideration in making orders for child support, and the court was expressly forbidden from considering the conduct of a spouse during the marriage when making orders for spousal support and the custody of children.
I can imagine the havoc wrought when success or failure hung on proof of a party's misconduct during the marriage.
If you had the good fortune to be male, you could ask for a divorce under s. 27 of the 1857 Divorce and Matrimonial Causes Act on the basis that your wife had committed adultery at some point during your marriage.
«Equitable distribution» is used in all other states, which means that all property, assets and earnings acquired during the marriage are «equitably distributed» between the spouses.
In Arizona, property acquired by spouses during marriage is usually presumed to be community property.
As the title implies, equitable distribution contemplates the fair division of property acquired during a marriage.
If the father did not spend lots of time with the children during the marriage, the court questions the motivation behind a change during the divorce process.
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