Sentences with phrase «earned during the marriage»

The agreement not only protected his premarital assets, it prevented me from sharing in any income he earned during our marriage, stipulating what I would receive should we be divorced - and...

He claimed his retirement benefits were earned during the marriage and should be equally divided between the parties.

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...

To the extent the pension or other retirement asset was earned during the marriage it is community...

In most states, any income that a spouse earns during the marriage is considered marital property (also called «joint property» or «community property»).

Thus, like Lewis, 785 P. 2d 550 (Alaska 1990), any portion of the stock bonus earned during the marriage should be considered marital property.

The wife not having earned during the marriage made this difficult to challenge and there was no serious attempt to do so on behalf of the taxpayer.

In a community property state, both spouses own equally any income earned during the marriage and any property purchased with that income.

Some couples will sign a prenuptial agreement before a marriage and agree through the legal contract that their individual incomes earned during the marriage are to remain separate property.

Marital property includes all the income earned during the marriage, as well as the property obtained with that income.

Generally, marital property is property acquired or earned during the marriage.

Deferred Compensation Package: This includes all retirement assets, such as pension, 401K's, IRA's, and any variety of saving or postponed income which has been earned during the marriage.

If so, and all the other criteria relevant to the case are satisfied, a payor spouse's current earnings, even if higher than those earned during the marriage, can be used to determine the amount of alimony to be paid.

As a general rule, the divorce process focuses on splitting marital property, which state law usually defines as all property acquired or earned during the marriage with exceptions typically including inheritance and gift property.

A recent case made it clear that under certain circumstances a court can consider the earning capacities of the parties that include earnings beyond that earned during the marriage.

If it was partially paid for using wages or income earned during the marriage, the «community» gains an interest in it that can be calculated.

• Royalties, residuals and dividends earned during marriage, including future and / or ongoing consideration for projects created during marriage by either party.

Community property includes, but is not limited to many and various assets, including but not limited to the following: • Pension, IRA, and retirement earned during marriage, even if not received or used until a future retirement age.

Start with your joint assets: joint bank accounts, investment portfolios, retirement assets earned during marriage, etc..

In many states, legal marriage means that all of the assets, wealth, property, and debt belong to both of you equally, regardless of who earned it during the marriage or who's «at fault» for the divorce.

To the extent the pension or other retirement asset was earned during the marriage it is community...

Marital assets are those acquired or earned during the marriage.

Not exact matches

The last head - and - master marriage laws were repealed in the 1970s and most divorce laws now base the earning responsibility post-divorce on the course of conduct during the marriage.

The Democrat ran against former GOP Sen. Mark Grisanti, who was the last of the Republicans who voted «yes» on same - sex marriage during Cuomo's first term, earning the governor's support and gratitude.

States having community property rules consider everything earned by either spouse during the marriage as belonging to both spouses equally.

Essentially, any assets that are accumulated during marriage in a community - property state are owned jointly and if there is an annulment or divorce then assets are split equally no matter who earned them.

If one spouse notifies the government of the split, the CPP credits earned by both spouses during the marriage are added together and divided 50 = 50: extra credits from the higher income earner are shared with the ex-spouse.

The starting point is that matrimonial assets should be split on a 50/50 basis however this may be departed from after considering the children's needs, the length of the marriage, the ages, health and income earning capacity of the parties, the standard of living enjoyed during the marriage, needs and any other relevant circumstances.

Dividing Contingency Fees in a Divorce in Arizona Under Arizona law, all income earned by either spouse during marriage is community property, to be divided between the spouses in case of divorce.

each spouse's earning capacity, taking into account absence from the job market and custodial responsibility for children during the marriage, as well as education, training, and experience

In addition, it is required to consider the parties» needs, financial resources, standard of living during the marriage, ages, nonmonetary and monetary contributions to the well - being of the family, contributions to each other's careers, property interests, and earning capacities.

Nevertheless the latter is often a very significant component of the future economy of each or both parties; unlike any attempted capitalisation of earning capacity, it does not depend on the application of future effort but subject only to market and other vagaries, is in the bag; and its size has usually been increased by the efforts, direct and indirect, of both parties during the marriage.

In general, martial property consists of assets that were earned or acquired during the marriage.

In other words, it determines what percent of the present value of the pension was earned during the years of marriage.

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.

Before they married, they signed a prenuptial agreement that all earnings of each spouse during the marriage were to be the separate property of the spouse earning them, not community property.

Other factors considered include the length of the marriage, age / health of spouses, current earning capacities, standard of living established during the marriage, contributions during the marriage and available resources.

Under state law, the duration of payment of spousal support will be based upon the length of the marriage, as well as the earning capacity of each party, and the standard of living enjoyed during the term of the marriage.

In determining the amount and duration of maintenance the court shall consider: (A) the income and property of the respective parties including marital property distributed pursuant to subdivision five of this part; (B) the duration of the marriage and the age and health of both parties; (C) the present and future earning capacity of both parties; (D) the ability of the party seeking maintenance to become self - supporting and, if applicable, the period of time and training necessary therefor; (E) reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage; (F) the presence of children of the marriage in the respective homes of the parties; (G) the tax consequences to each party; (H) contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party; (I) the wasteful dissipation of marital property by either spouse; (J) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and (K) any other factor which the court shall expressly find to be just and proper.

Here, although the husband had prudently decided to invest in the stock market and was not required to use his investments for support, the husband was in good health, had better earning capacity than wife, and had enjoyed a higher standard of living than during the marriage.

Separate property is all property owned or claimed by a spouse before marriage; the property acquired by a spouse during marriage by gift, devise, or descent; and the recovery for personal injuries sustained by a spouse during marriage, except any recovery for loss of earning capacity during marriage.

Therefore, that portion of a pension that was earned by one party during the years of the marriage can be divided by the court in an equitable manner.

When we say «community funds,» we mean money in a joint bank account, as well as any funds earned by either you or your spouse during the marriage.

If left up to the judge, the judge will consider the length of the marriage, the age and earning ability of the spouse who is asking for maintenance, the standard of living the parties enjoyed during the marriage, the ability of the other spouse to pay and what the person who is asking for the maintenance contributed to the marriage.

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.

For example, the court may look at how much each spouse earned before and during the marriage, the couple's choice to have one spouse stay home and raise children, what property each spouse brought into the marriage, what each spouse has inherited from their family members and what each spouse may earn from their assets.

To determine the amount and duration of alimony, the court will consider such factors as each spouse's earning capacity, age and mental and physical health, the length of the marriage, the standard of living established during the marriage, marital misconduct, and any other relevant factors.

In community property states, all property that you earn or acquire during your marriage is deemed to be community property.

to compensate the spouse with the lower income for sacrificing some power to earn income during the marriage;

the decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;