Sentences with phrase «marital property award»

Minnesota requires a court to consider each spouse's age, length of the marriage, spouses» standard of living, each spouse's percentage of the marital property award, each spouse's income, time the receiving spouse may need to complete an education or training program, and the owing spouse's ability to pay.

Since the court considers the amount of marital property awarded to you when making its decision, your eligibility for maintenance will be determined after the property distribution stage of the divorce process.

Not exact matches

In one case, the court awarded 80 % of the marital property to the wife because she was uneducated and unable to earn more than subsistence level income while the husband was much more employable.

Even if a dependent spouse is elderly or has a disability, the court will first attempt to address the spouse's needs through an award of marital property in the equitable distribution.

However, before deciding which party will be awarded the real estate or the equity in it, it must be determined whether the equity in the real estate is marital property or non-marital property.

In short, if the domestic violence resulted in an unreasonable depletion of marital assets, then the spouse who suffered the domestic violence might be awarded more of the marital assets, despite the fact that California is a community property state.

After awarding non-marital assets and liabilities, the court then decides how to distribute marital property accumulated during the marriage.

While South Carolina is not a community property state, this Supreme Court opinion should make the family court less likely to award either spouse more than 60 % of a marital estate.

The chancellor found that appellee's interest in Wal - Mart stock options that could not yet be exercised were not marital property but compensated appellant with an award of alimony.

In the division of marital property the husband was awarded approx. 80 % of the marital estate, or $ 9 million, while the wife received approx. 20 % of the marital estate, or $ 2 million.

Given that South Carolina statutory law already provides that alimony may be awarded to a spouse who commits adultery if a formal written property or marital settlement agreement has already been signed (S.C. Code Ann.

1996), that when a spouse committed adultery before the marriage, that fact was immaterial in awarding alimony or dividing the marital property.

The family court apparently awarded Husband 55 % of the value of the house and 50 % of the remaining marital property and ordered him to pay Wife $ 285,698.42 «to effect a fifty -LSB--] percent distribution of the parties» non-real estate marital assets.»

The Supreme Court held that the trial court did not err in awarding full custody of the dog to the husband under Rule 60 (b)(6), even though the dog was marital property.

The court may have been willing to go so far as to decide to whom to award the dog if the dog had been marital property.

A week after Ms. Questel claimed her prize in May, 2012, Mr. Questel asked Justice Jackman - Brown to declare the lottery winnings marital property, to retroactively vacate the maintenance and counsel fee awards, and to modify the parties» April, 2011 child support So - Ordered Stipulation.

the financial resources of the spouse seeking maintenance, including separate property and any award of marital property

For starters, the spouse asking the court of a maintenance award must prove that either they lack sufficient marital property to provide for their reasonable needs considering the living standard that existed during the marriage or that they are unable to sufficiently support themselves in light of the standard of living established during the marriage.

In a divorce, we understand that the spouse whom we represent will have important questions: what will happen to the marital property, will alimony or spousal support be awarded (and if so, how is this determined), what will happen to our house, vehicles, and other significant assets, who will be entitled to live in the current residence, and how will custody matters be determined?

The family court ordered the property and business be sold, awarded Wife 61 % of the marital estate, ordered that she pay all the marital debt, and denied her claim for attorney's fees.

The husband appealed against the joint lives bonus award, arguing that, in accordance with B v S (Financial Remedy: Marital Property Regime)[2012] EWHC 265 (Fam), [2012] All ER (D) 189 (Mar), save in exceptional cases, an award for maintenance should be based on the principle of needs alone, not sharing, and this was not such an exceptional case.

In Pennsylvania, alimony is regarded as a secondary remedy awarded in cases where the division of marital property does not provide sufficient economic resources to enable a dependent spouse to achieve self - support through appropriate employment.

Where one spouse owned a home separately prior to the marriage, a judge may award the original owner a higher percentage of the value even if the house is considered marital property.

The court is then tasked with ensuring that marital property is divided fairly between you and your spouse, and that child support awards and custody arrangements promote the best interests of your children.

Typically, spousal support is awarded upon the request of either spouse and only after the court has made an equitable distribution of the couple's marital property, which is most property acquired during the marriage.

Because neither spouse is contesting, a court can immediately move on to dividing the marital property and possibly awarding alimony.

Although the laws in all states permit either spouse to file for divorce without having to establish the other at fault for the breakdown of the marriage, some states may award a greater portion of the marital property or more alimony to the spouse that can prove the other guilty of adultery.

Courts cut marital property down the middle and award half to each spouse.

If the residency requirement is met, divorce papers can be filed and the court will divide the marital property and award alimony, if applicable, before issuing a final divorce decree.

Alimony can certainly influence how the marital property distribution is awarded, and it can become a very intricate part of the divorce.

When this occurs, courts will often award the innocent spouse additional marital property to compensate for assets lost to the affair.

If the spouse receives personal injury compensation during the marriage, any damage award or settlement is marital property, even that portion of it that compensates for a spouse's loss of well - being.

Unlike most jurisdictions, which do not award alimony or divide property or debts in an annulment action, the District of Columbia permits the court to divide marital property and debt equitably.

In ordering the divorce decree, which includes custody determinations, alimony awards and property division, the court has discretion to consider the marital misconduct of either spouse.

Custody and visitation terms are set, alimony is awarded where applicable and your marital property and debts are divided between you.

LAWriter Ohio Laws and Rules: Ohio Revised Code, Section 3105.171, Equitable Division of Marital and Separate Property - Distributive Award

As a result of squandering marital funds, courts may award an unequal distribution of property to the innocent spouse or, in some cases, reclassify separate property as marital property as part of the divorce, including gifts.

The divorce court may consider your spouse's misconduct, if proven, when dividing marital property or awarding spousal support, even if the misconduct was not economic in nature.

What it doesn't do is divide your marital property, award spousal support, address custody or provide for child support.

Maybe the judge will agree that she's a despicable character and award you additional marital property or give you custody of your children.

For example, in Florida, if you waste marital assets through gambling losses or because you committed adultery and spent money on your paramour, and if there is not enough marital property to compensate your spouse for the money you dissipated from the marital estate, a judge might award your spouse a portion of your separate property instead.

Ohio Revised Code: Section 3105.171 Equitable Division of Marital and Separate Property - Distributive Award.

In dividing property the court considers the contributions, «monetary and non-monetary,» of each spouse, the duration of the marriage, the ages and conditions of each spouse, how marital property was acquired, the debts and liabilities of each spouse, tax consequences, dissipation, the «character of all marital property,» and «other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.»

However, courts may award one spouse more of the marital estate, depending on the contribution each spouse made to the property's acquisition, if the property was acquired before marriage or through gift or inheritance, the economic circumstances of each spouse (if one spouse squandered community assets during marriage), and the current income and earning potential of each spouse.

Alimony, also called spousal support or maintenance, is a monetary award paid by one spouse to the other after marital property has been divided by the court.

When awarding support, the court considers the spouses» income and assets, not simply marital property.

Under Ohio law, the court can award a share of one spouse's separate property to the other spouse if he squandered or wasted marital assets or spent them on something other than the marriage.

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 determining the division of marital property, the court is required under 5/503 (d) to consider the desirability of awarding the family home, or the right to live in the home for reasonable periods, to the spouse having custody of the children.

(iv) the distribution of marital property, including whether additional marital property may be awarded to reduce or alleviate the need for maintenance;