Life insurance cash value is an asset, and you should think of it in the same way you think of your other
marital assets such as a bank account or stock portfolio.
Not exact matches
→ an insurance settlement is not part of the
marital assets (unless used for the benefit of the family during the marriage,
such as a downpayment on a home)
→ insurance proceeds are not part of the
marital assets (unless used for the benefit of the family during the marriage,
such as a downpayment on a home)
Such cases might be one of the rare situations which merit a judicial award of lump sum alimony (assuming there's enough marital assets to award such alimony) but so far I've never seen a wife argue for such an aw
Such cases might be one of the rare situations which merit a judicial award of lump sum alimony (assuming there's enough
marital assets to award
such alimony) but so far I've never seen a wife argue for such an aw
such alimony) but so far I've never seen a wife argue for
such an aw
such an award.
Such assets can be best defined by a lawyer when dividing
marital assets in Virginia.
For example, it might be possible to transfer
assets into a family limited partnership that has both estate planning and
asset protection benefits however, if moving
such assets into a Family Limited Partnership or Trust is designed to remove the
asset out of the
marital estate in contemplation of divorce in order to defraud the soon to be ex-spouse, the transfer may be rescinded by the court as being a fraudulent conveyance.
Once the case is filed, there can be certain hearings early on in the case relating to temporary issues of support, custody, preserving
marital assets and other
such things.
Additionally, dividing
marital assets outside of court allows a couple to determine how
such assets should be divided.
The value of the compensation or whether
such assets are part of the
marital property varies state - by - state and can be based on when the stocks are vested.
A pre-nuptial agreement can be used, for example, to define the worth of
marital assets based on a particular date,
such as the date of a Virginia marriage ceremony or the date of a civil union in another state.
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.
Marital conduct, such as having an affair will not itself lead to securing a greater share of the assets in financial proceedings, but there are types of conduct which can result in one spouse being awarded a greater share of the marital
Marital conduct,
such as having an affair will not itself lead to securing a greater share of the
assets in financial proceedings, but there are types of conduct which can result in one spouse being awarded a greater share of the
marital marital assets.
A recurring issue in divorce litigation is the treatment of
marital assets that generate income,
such as pensions, rental real estate and businesses.
From simple Pre-Nuptial and Post-Nuptial Agreements, to complex litigations,
such as Paternity actions, Restraining Orders,
Marital Asset Valuation, and equitable distribution of
assets and liabilities, the firm willingly assists clients with all stages of these processes.
As always, there are exceptions
such as if an inheritance is received by a spouse and kept separately from
marital assets, then that may be deemed a non-
marital asset.
The
marital separation agreement often includes decisions
such as the division of property and other
assets, alimony or maintenance payments, debt division, and which spouse is allowed to live in the family home.
As
such, you should both enter into divorce settlement talks in good faith and make an honest attempt to reach an agreement on central issues like distribution of
marital assets and time - sharing arrangements for your children.
You or your attorney need all the facts of your case to present to the judge,
such as the values of your
assets and the extent of your
marital debt.
In Alabama,
marital and separate property means not only the obvious
assets the couple owns
such as «houses, automobiles, jewelry, clothes, bank accounts, and property,» but also includes «pensions and retirement accounts, investments, cash value of life insurance policies, family owned businesses, tax refunds, tax credits, [and] trademarks.»
Florida requires different petitions if you have children, if you don't have children but have
marital assets, or have no children or property but want the court to rule on other issues,
such as alimony.
The mandatory financial disclosure requires both spouses to produce information about: individual and
marital assets and individual and
marital debts; income,
such as income from wages, self - employment, and passive investments, and expenses.
Nonmarital property may also include
assets or liabilities acquired by a non-interspousal inheritance or gift, or
assets and liabilities excluded from being considered
marital property in accordance to a valid written agreement,
such as a prenuptial agreement.
Furthermore, on this form, you can include requests for other temporary orders
such as spousal support or temporary use of the
marital home or
assets.
An exception exists if you muddied the waters of your separate ownership,
such as if you titled a particular
asset in joint names or deposited your separate money into a joint
marital account.
However, you and your spouse can agree to divide
marital property in
such a way that each of you keep
assets you feel are individually yours.
The popularity of collaborative divorce has seen a dramatic rise in the last few years for several reasons: its goal is to take less time than traditional litigation, it allows for certain levels of creativity when addressing sensitive issues
such as alimony and splitting of
marital assets, it provides confidentiality to the divorcing couple, and perhaps most important, it can be less expensive than other methods of divorce.
If you live in a community property state — Arizona, California, Louisiana, New Mexico, Nevada, Idaho, Texas, Washington or Wisconsin —
assets and debts you acquire during your marriage belong equally to both spouses, except in certain narrow circumstances,
such as
assets acquired by inheritance or gift that you kept separate from your
marital assets.
They'll help you properly address issues
such as:» Alimony / maintenance»
Asset and property settlement» Child custody» Joint custody» Paternity fraud» DNA testing» Court ordered visitation» Restraining orders» False allegations» False abuse charges» Frivolous motions» Parental alienation»
Marital abandonment» Adultery» Abuse and domestic violence
The ATI prohibits you or your spouse from doing
such things as dissipating
marital assets or making changes to insurance policies or retirement plans.
Such assets are considered
marital property and are divisible in a divorce proceeding.
During the separation, any
assets that are accrued by either spouse are still considered
marital property and as
such, are held jointly.
If there are any near - term issues that need to be resolved (
such as an agreement to «freeze» the
marital assets while discussions are under way), those issues can be put on the front burner in the mediation and resolved before more global issues are addressed.
In most cases,
such assets are still considered to be
marital property, particularly if funds accrued primarily during marriage.
Normally, they deal with straightforward financial and legal issues in the event of a divorce or a death — what will be done with the house, any stocks, bonds, or other
such marital assets.
Assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties, and assets acquired and liabilities incurred in exchange for such assets and liabilitie
Assets and liabilities excluded from
marital assets and liabilities by valid written agreement of the parties, and assets acquired and liabilities incurred in exchange for such assets and liabilitie
assets and liabilities by valid written agreement of the parties, and
assets acquired and liabilities incurred in exchange for such assets and liabilitie
assets acquired and liabilities incurred in exchange for
such assets and liabilitie
assets and liabilities; and
In complex
marital estates with many
assets and debts,
such information can sometimes be voluminous.
If there are any issues to be resolved
such as division of property or other
marital assets, custody, division of debts, etc., it is best to have a DC divorce lawyer draft a Marital Settlement Agreement to prote
marital assets, custody, division of debts, etc., it is best to have a DC divorce lawyer draft a
Marital Settlement Agreement to prote
Marital Settlement Agreement to protect you.
If your separate
assets appreciated in value during the marriage due to
marital efforts,
such as your wife's labor or contributions, the appreciation is considered
marital property and is subject to division in your divorce.
If you and your spouse reached a
marital settlement agreement without going to trial, you can only change its property terms if you can prove to the court that your ex committed some type of fraud during the negotiations,
such as by misrepresenting debts or
assets.
The court will consider the length of the marriage, each spouse's role in the marriage — i.e. wage - earner or homemaker — the value of each spouse's non-
marital assets, whether a spouse specifically requests to maintain ownership of a specific
asset (
such as a business or interest in a corporation) and whether the custodial parent should maintain ownership of the
marital residence.
There are some exclusions as to what is considered
marital property,
such as inherited
assets and gifts, etc..
When separate property —
such as an inheritance — is combined with
marital assets, it is said to be «commingled.»
If your intention is to own your
marital residence in your name alone, you may need to give your spouse more
assets such as cash and retirement accounts.
To avoid
such a result, spouses must keep their non-
marital assets separate from
marital assets.
Community property states,
such as Arizona, view
assets acquired during a
marital relationship as equally shared between spouses.
Community property consists of
marital assets obtained during the marriage, for example, wages and items purchased using
marital funds,
such as the
marital home.
Courts now view the marriage as an economic unit, and in general courts are more concerned about economic misconduct —
such as the dissipation of
marital assets — than they are about
marital misconduct —
such as infidelity.
Marital property can include real estate
such as the family home, bank accounts, investments, retirement plans and other types of
assets.
Before awarding
assets, courts examine factors
such as the husband or wife's earning potential, the individual responsible for acquiring the
marital assets, the value of the work one spouse performed in the home, the length of the marriage, the age of the spouses, and the expected cost of providing for the children.
Even though it's called a Property Settlement Agreement, this agreement covers much more than the division of property or equitable distribution of property — it's also about child custody, parenting time, division of
assets (including personal property, real estate
such as the
marital home, retirement
assets and pensions, and businesses), alimony, and any other additional issues that must be determined in furtherance of divorce or dissolution of marriage.