Sentences with phrase «equitable apportionment»

In making an equitable apportionment of marital property, the family court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2) marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its order.

Average in Marine Insurance Terms is «an equitable apportionment among all the interested parties of an such an expense or loss.»

Assessing and distributing damages One of the burning questions under this heading circles around the issue of the equitable apportionment of damages between a group of claimants who have suffered varying degrees of loss.

The crux of this dispute is how Wife's equitable apportionment award should be enforced.

When property is determined to have been transmuted, the entire property, not just a portion of the property, is included in the parties» marital property which is thereafter apportioned by the family court using the criteria set forth in the equitable apportionment statute.

Justices Bastarache and Arbour, writing for the majority, envisioned a balancing of the objectives set out in s. 15.2 (6) of the Divorce Act which seek an equitable apportionment of the economic consequences of the marriage and its breakdown between spouses, with the objectives, which flow from s. 9 of the Divorce Act, being finality, certainty and the autonomy of spouses to make their own agreement (Miglin at para 67).

Not exact matches

The employment tribunal found that it was not just and equitable to make an order of apportionment and so awarded on a joint and several liability basis against the parties who did not attend the hearing.

By ensuring that each representative is subject to requests and suggestions from the same number of constituents, total - population apportionment promotes equitable and effective representation.