Sentences with phrase «marital assets at»

The court values marital assets at the time of trial or the date of entry of the divorce judgment.

Not exact matches

No matter which state they reside, same - sex married couples are now able to take advantage of the unlimited estate tax marital deduction at death to pass assets to a surviving spouse without incurring federal estate taxes.

The QTIP trust (Qualified Terminal Interest Property trust) is designed to allow a decedent «control beyond the grave» of their assets without surrendering control of those assets to their surviving spouse - and at the same time allowing for the estate to take advantage of the marital deduction for the assets used to fund the QTIP.

If you have questions about pension division, 401 (k) division or any other aspect of marital asset division, talk with our seasoned divorce attorneys at Magner, Hueneke & Borda, LLP.

Therefore, the family court must find the allegedly at fault party engaged in willful misconduct, bad faith, intentional dissipation of marital assets, or the like before it may alter the equitable distribution of marital property based on economic misconduct.

However, when the parties have substantial liquid marital assets, the family court has [in my limited experience] almost always allowed the primary wage earner access to at least 10 % of the liquid marital assets to fund the litigation.

When this happens, marital assets are at stake, as well as future earning potential.

We work with some of the best valuation professionals to arrive at the correct value of the business and ensure that your rights with respect to marital assets and property are always protected.

Wife, a former successful international banking and finance lawyer at a major law firm, claimed that during the marriage, husband, also a successful lawyer, hid marital assets worth millions of dollars.

The death benefit from a life insurance policy is usually untaxed because the assets left behind by the deceased seldom exceed federal estate tax exemption, currently set at $ 11.2 - 22.4 million, depending on the deceased marital status.

To speak to an experienced family law attorney about divorce and / or the division of your marital assets and debts, email us at [email protected], call [phone], or fill out a case evaluation form.

Nevada is a no - fault state, it really doesn't matter whether either party to a divorce in Nevada cheated or not; the court doesn't take it into consideration at all when it comes time to divide marital assets.

When there are insufficient offsetting assets to permit the custodial parent remaining in the marital home, the Court generally takes the view that the marital home must be sold at a time when it is least detrimental to the best interest of the children.

In todays episode we discuss the applicability of the Minnesota Uniform Fraudulent Transfers Act to marital dissolution proceedings and explore how and when a court might look at how the division of assets and debts might appear to be an attempt to...

Any issues between the spouses regarding marital assets, debts, and child custody are resolved at a Separate Maintenance Hearing, and the judge will grant Separate Maintenance.

At worst, the entire asset may become marital property if you can't trace its original value and the marital money that contributed to the current balance.

Various factors are taken into consideration when distributing assets including the incomes of the parties prior to and at the beginning of the divorce, duration of the marriage, need to occupy the marital home, loss of inheritance or pension rights, maintenance awards, future financial circumstances of each spouse, tax consequences, dissipation of assets, contributions as a non-wage earner to the income of the spouse and home, and the character of the property itself.

In the divorce process an actuary may be called upon to calculate the current assets of marital property and project what the worth would be at some future date, the enduring period if equally split, or financial result of dividing current assets.

This can involve unique strategies to deal with child custody issues such a parental alienation, or financial issues involving businesses and valuations, and determining assets and liabilities that should be included in a marital allocation at divorce.

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.

In some cases, this decision is based on the understanding that in most states, premarital assets, if kept separate from marital property, remain separate property and are not subject to distribution at the time of divorce.

A legal principle followed by most states, in which marital property, (assets, earnings, debt and obligations) acquired during marriage are divided at divorce.