Sentences with phrase «earning capacity during»

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.

i. 80 per cent of the net loss of earning capacity during that period, as determined in accordance with the regulations, if the incident occurred before September 1, 2010, or

70 per cent of the loss of earning capacity during that period, as determined in accordance with the regulations, in any other case.

Not exact matches

There she served in various capacities during college breaks from the State University of New York - Purchase, where Saifuku, a dancer, earned her bachelor of fine arts degree in 1996.

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.

A court could determine that Spouse B has the ability to pay for Spouse A's legal representation during their divorce based on that earning capacity.

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.

Let's say Spouse A has requested and demonstrated a need for attorney's fees during a divorce from Spouse B. Spouse B is a licensed psychologist with an earning capacity of $ 100,000.

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.

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.

• medical expenses incurred up to the time of settlement • future medical needs based on admissible medical evidence • lost wages for missed pay during time that doctors advise you to miss work • lost future earning capacity if injuries reduce future pay • lost work life expectancy with proof that injuries will require early retirement • tax free cash payment for physical pain and emotional suffering • tax free cash payment for permanency of injury and future pain and suffering • tax free cash payment for scarring and / or disfigurement • additional payment for inconvenience and lost quality of life

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.

Spousal support is typically paid by the higher - income earning spouse to the lower - income earning spouse and will depend on various factors set out in section 33 (9) of the Family Law Act, i.e. the parties» respective assets and means; the assets and means that the parties are likely to have in the future; the length of time the parties cohabited (including any time that the parties lived together before they married); the effect on the spouse's earning capacity of the responsibilities assumed during cohabitation, etc..

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.

the effect on the spouse's earning capacity of the responsibilities assumed during cohabitation;

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.

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.

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.

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.

In determining the need, duration, and amount of maintenance, the court considers the finances of each spouse, including income, debts, tax liability, investments, and property, the work experience and earning capacity of each spouse, including education and training, the age and physical abilities of each spouse, the duration of the marriage, and the standard of living attained during the marriage.

However, enhanced earning capacity developed during the marriage through licensing or advanced degrees can still be factored into the judge's determination of post-divorce spousal maintenance, equitable distribution, or for making a spousal maintenance award on income in excess of the new income cap.

(a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:

(2) The extent to which the supported party's present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.

Some of those 17 factors of alimony in PA include: the relative earnings and earning capacities of the spouses, duration of the marriage, contribution of one spouse a homemaker, contribution of one spouse to the education of the other, the standard of living during the marriage, age, and physical and mental health of the parties.

The income and earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self - supporting at a standard of living reasonably comparable to that enjoyed during the marriage;