Sentences with phrase «marital assets division»

In New York, the law regarding marital assets division during a divorce is based on the concept of equitable distribution.

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.

For a reasonable additional cost, clients may also opt to work with our affiliated financial planners who will help them to visualize the future value of the net assets they take with them in their settlement as well as assist them in providing sound financial advice for the most sensible marital asset division scenarios.

Not exact matches

Child custody, child support, division of marital assets and debts, and spousal support (called alimony if you divorce) are all ordered by the court.

One of the most frequently asked questions during a divorce consultation and through the divorce process pertains to the division of marital assets, also known as equitable distribution.

While, this scenario is quite common, this division of assets is not solely based on earnings but rather on the couple's overall marital assets.

With the exception of qualified retirement plan assets covered under the Employee Retirement Income Security Act (ERISA), state laws ultimately govern the division of marital assets in a divorce, and state laws differ radically on who gets what when the marriage ends.

However, the value of the degree may also be considered a marital asset and subject to division.

Thus, said the judge, and by reference to White v White [2001] 1 AC 596, [2001] 1 All ER 1, «each party has contributed equally to the marriage» But for the séparation de biens marital property agreement, the judge took the view that he was «satisfied that, applying s 25 of the Matrimonial Causes Act 1973 (MCA 1973), giving first consideration to the welfare while minors of the three minor children and applying the checklist in s 25 (2), this would undoubtedly be a case for equal division of the assets».

There are many different types of property that must be considered in cases involving Virginia division of marital assets.

The Division of Assets is responsible in a divorce case for dividing all marital property between the parties to the extent that the parties can not do themselves.

In Miller, the parties settled their division of property, and Wife subsequently sought a modification of child support based on the income that Husband derived from the sale of his share of marital assets.

Division of marital assets in MA must be «equitable», which means «fair».

Although the laws of the state of Michigan do not specifically favor men over women in divorce proceedings, it is easy to see why many women feel that they have an uphill climb when it comes to an equitable division of marital assets.

Where one takes over child - rearing responsibilities that would otherwise have to be paid for or shared by a spouse, he or she is still seen as contributing to the family's economic well - being, and this may have an effect on family asset division in the case of marital breakdown.

When a divorce is filed and granted in New York State as an «Uncontested Divorce» it means that the parties to the divorce (the husband and wife, or both spouses in a same - sex marriage), have signed their applicable divorce papers that were filed in court, to indicate that they both agree to all of the terms of their divorce, including: the equitable division of their joint marital property (assets and debts) and the payment or waiver of spousal support.

Property division attorney Mark Werner will help you identify each marital asset as either community or sole and separate property.

Property division in California follows the community property rule; all marital assets are to be equally divided between the two spouses.

Asset division also becomes more complex and confusing if the spouses do not know what makes up their marital and personal assets and debts, income and expenses.

In preparing a prenuptial agreement, it may be helpful to discuss issues that could later cause separate assets to be viewed as marital assets subject to property division.

An experienced attorney can be a useful resource during the division of marital assets in Virginia.

In Arizona, the family court includes decisions regarding support obligations and division of marital assets in the final divorce decree.

Some of the main topics that need to be addressed are child custody, referred to now as legal decision - making, parenting time, child support, alimony (i.e., spousal maintenance), a division of marital assets and debts, and the payment of attorney fees, expert witness fees, and court costs.

There are two main reasons why a couple may want to determine the division of marital assets without going to trial.

There are several steps that must happen for the effective division of marital assets.

Experts have stated that the legal document would provide guidance and protection to each party when it comes to the division of assets and marital properties.

Florida law follows the concept of «Equitable Distribution», which requires an equitable division of all marital assets and liabilities.

When you are simply negotiating between yourselves, decisions surrounding custody of the children, division of assets and possession of the marital home ultimately rest with you, rather than a stranger.

The present value pension calculator is particularly useful for divorcing couples who need a present value appraisal of a pension for division of marital assets.

The first step in property division is to determine which assets are marital property and which assets are separate property.

When valuing a business for purposes of division upon divorce, all states agree that the hard assets and liabilities of the business are marital property.

This means that all marital property is taken into account when dividing assets and debt, and the division is handled in a fair and reasonable manner.

Filed Under: Alimony, Alternative Dispute Resolution, Child Custody, Child Support, Divorce - General, Domestic Violence, Equitable Distribution, How we work, Practical Advice Tagged With: Alimony, Alternative Dispute Resolution, Asset Division, Child Custody, Child Support, Custody, custody litigation, customer service, divorce, Equitable Distribution, Marital Property, Separation Agreement, terminate support

Filed Under: Collaborative Divorce, Collaborative Law, Divorce - General, Divorce Tips, Equitable Distribution, How we work, Practical Advice Tagged With: Alternative Dispute Resolution, Asset Division, divorce, Marital Property, Separation Agreement, Taxes

When speaking with your family law lawyer with regard to the division of marital property you should be aware of which assets are exempt from seizure in a bankruptcy situation, such as pensions, some RRSPs etc. and which are not, such as your free and clear boat, camper or snowmobile.

The costs of marriage break down are extensive; existing debt, disputes over division of marital assets, mounting legal fees, lost time from work, lost wages, emotional trauma etc..

Filed Under: Alimony, Child Support, Collaborative Divorce, Collaborative Law, Divorce - General, Divorce Tips, Practical Advice Tagged With: Alimony, Asset Division, Collaborative Law, divorce, Equitable Distribution, Marital Home, Marital Property, Separation Agreement

Federal law authorizes each individual state to treat military pensions as marital assets and it further authorizes each state to divide military pensions in accordance with each state's laws regarding the division of marital assets, so long as the rules and limitations imposed by federal law are complied with.

Assets and property interests owned by a party, often referred to in divorce cases as «the marital estate», meaning assets subject to division between husband andAssets and property interests owned by a party, often referred to in divorce cases as «the marital estate», meaning assets subject to division between husband andassets subject to division between husband and wife.

Earlier this month, the Tennessee Supreme Court ruled lifetime alimony is inappropriate provided a woman is in reasonable health, has a decent job and was fairly treated during the division of marital assets.

Property division: Wisconsin is a community property state, meaning that all community property (marital assets and debts) are generally divided equally.

• Who will receive as a part of the division of marital assets the particular asset (if any) connected with the debt?

International Marriage International Divorce Prenuptial Agreement Marital Agreement Inheritance Issue Divorce Proceedings Mediation Child Issue Asset Division Notarization & Legalization Recognition & Enforcement Family Counselor

Filed Under: Divorce - General, Equitable Distribution, Marital Home, Practical Advice Tagged With: Asset Division, Bankruptcy, divorce, Equitable Distribution, housing market, Marital Home, Marital Property, Separation Agreement

Filed Under: Alimony, Child Support, Divorce from Bed and Board, Equitable Distribution, Health Insurance, How we work, Marital Home, Practical Advice Tagged With: Alimony, Asset Division, Child Support, divorce, Equitable Distribution, housing market, Marital Home, Marital Property, Separate Property, Separation Agreement

Filed Under: Alimony, Child Support, Divorce - General, Practical Advice Tagged With: Alimony, Asset Division, Child Support, Contempt, divorce, Equitable Distribution, Marital Property, Separation Agreement, terminate support

The first step in property division is identifying all marital assets and debts, which then must be valued.

In addition to the division of marital property, spousal support may also be an issue in a high asset divorce.

The financial arrangements involved in divorce, division of community property, marital debts and assets, spousal maintenance / alimony, the question of which party stays in the marital home, and child support, are also best handled through negotiation and / or ADR.

The settlement agreement must address all relevant issues, which can include division of assets and debt, issues relating to children, who will maintain the marital residence and so forth.