The judge found that the wife's expenditure in the year to August 2015 was significantly higher than the standard of
living during the course of the marriage and it also exceeded the wife's maintenance pending suit claim of # 392,000.
This means that property acquired
during the course of the marriage by one or both parties should be divided fairly or equitably (not necessarily equally, although equal is the starting point) between the parties, regardless of how the title is held.
Many states adhere to the Uniform Prenuptial Agreement Act, which suggests how a prenuptial agreement should address the ownership of
property during the course of the marriage, and how it ought to be allocated during divorce, separation, or upon the death of a spouse.
The point of spousal maintenance is to provide a person who was financially dependent upon their spouse
during the course of the marriage with the financial assistance that they need to maintain their quality of life and pay for the basic costs of living.
However, if such «non-matrimonial» property is
sold during the course of the marriage and the sale proceeds are used to buy something else (e.g. a car, another home) then the «something else» will be matrimonial property.
However,
if during the course of the marriage, the business has increased in value and become more profitable due to the active efforts of the owner spouse, the increase in value is classified as marital property and subject to distribution.
This is far simpler where the business involves the parties themselves, however, matters can become extremely complex when they are family companies of a dynastic nature where for tax reasons shares might have been
transferred during the course of the marriage.
A postnuptial agreement is a contract between the parties, executed during the marriage, that addresses what will happen
financially during the course of the marriage, in the event of divorce, the death of a party, or in other agreed upon circumstances.
The Florida post divorce attorneys of Florida Family Law Clinic understand that a couple's life becomes
intertwined during the course of a marriage and that many issues are left unresolved after a final dissolution of marriage has been granted.
In addition to finding a parent unfit because of substance abuse or abuse or neglect towards a child, the court considers the conduct of both
parents during the course of the marriage, and the impact of parental behavior on the child.
In custody cases, most states» family courts allow a preference for the parent who can demonstrate that he or she was a child's primary
caretaker during the course of marriage, or assumed that role in general if the parents are unmarried.
The clientalleged that the lawyer should have advised him to negotiate a «downside protection clause,» so that, if his income did not
increase during the course of the marriage, he would not be obliged to make any equalization payment to his wife.
(vi) In BD v FD Moylan J did not itemize his reasons for pruning the wife's budget; rather, the reduction appears to have been justified on the basis that «the starting point for the assessment of needs is the standard of
living during the course of the marriage.»
If one spouse owned property before the marriage, or received gifts, inheritance or money from a motor vehicle accident before or during the marriage, that has increased in
value during the course of the marriage, the Court has the ability to use its discretion to divide up any increase in the value of the property, although the principal amount will belong to just the one spouse.
The first states that «real or personal property acquired by a spouse before marriage or acquired by a spouse by devise, descent, or
gift during the course of the marriage» is considered separate property.
Whilst assets which are acquired by way of gift or inheritance from a third party during the marriage are generally excluded from the definition of matrimonial property, if there is a change in nature of the
asset during the course of the marriage, the asset could be converted into matrimonial property.
According to the Associated Press Journal of Marital and Family Therapy, an astounding 57 % of men admitted to being unfaithful in a relationship over the course of their lives (and 22 %
during the course of a marriage).2 But why do men cheat so prolifically?
My husband spent quite a bit of time on Match
himself during the course of our marriage but how do you say that to someone who might be asking about what happened to your husband?
The two married in 1988, and
during the course of their marriage they collaborated on one film, the children's adventure Into the West (1993).