Sentences with phrase «marital division of assets»

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.

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.

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.

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..

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.

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.

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.

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

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.

We advise anyone contemplating a division of marital assets to meet with a lawyer to learn their rights prior to discussing a division of property.

There are two key concepts for asset division: 1) defining what exactly is (and isn't) marital; and, 2) noting Georgia does not require an equal division of property.

Our Vancouver Property Division Lawyers know that dividing your marital property often means parting with half of your assets, some with vivid memories and emotions attached.

One of the most difficult tasks that accompanies the dissolution of any marriage involves the division of marital assets.

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

Equitable distribution laws (laws related to division of marital assets and debts) do not apply, so separating property and liabilities can get real messy, real quick.

You will require aid in understanding Louisiana divorce law, especially the division of your marital assets.

The court is subject to strict rules in what it can order on the division of marital assets.

Obviously, the fair division of marital assets and debts has a profound impact on the future financial well - being of divorcing parties.

Division of Assets and Matrimonial Property in the context of a married couple that undergoes a marital breakdown.

Ms. Senft's background in the family environment includes domestic mediation, separation and divorce, marital property and tax liability, domestic violence, high conflict, gay and lesbian partnerships, bankruptcy, religious annulment, parental rights, grandparents» rights, adoption, cognitive - psychological - social child development, parenting plans, religious faith and doctrine on marriage, adultery, adult grief and traumatic incident reduction, loss of child, abortion, guardianship, addiction, alcoholism, estates and trusts, real estate and personal property asset division, estate planning, end of life issues, elder care decision - making, and closely held family business, shareholder disputes and every variety of partnership conflict.

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.

The most common issues addressed are custody and parenting time for your children, support for the children and / or spouse, equitable distribution of the marital assets, and division of marital debt.

If there's to be a division of property or marital assets, those will need to be listed.

States determine the division of marital assets in two major ways.

Issues, including but not limited to, child custody, spousal support, child support, the marital home, and division of assets and liabilities may need to be decided.

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.

If you and your spouse have agreed on the divorce details, including division of marital assets, child support and parenting, then you can usually press ahead with a simple or uncontested divorce without the services of an attorney.