Sentences with phrase «marital property upon»

The agreement may provide for the disposition of marital property upon a divorce or separation of the parties, but may not adversely affect the right of child support.

The Agreement defines what the parties think would be fair and reasonable — it gives them the opportunity to decide for themselves what will happen to marital property upon the death of either spouse or divorce.

For example, in many states, property owned by one party before the marriage was commenced is not subject to division as marital property upon divorce and often the right to alimony following a short marriage that does not produce children is quite modest.

Not exact matches

Conscientious reporters are taking the necessary When you get married, the property that you combine or acquire during the marriage is called marital property and subject to division upon divorce.

Depending upon the custodial agreement, the custodian could follow the court's ruling, wherein the divorce decree may declare that all marital property is split as indicated and named in the document, with no other splitting to be done.

The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;

The court may impose a constructive trust upon marital property transferred by one of the parties into the title of a third person.

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.

We go the distance in valuing marital property, and have professional resources to call upon to assist us when it appears that some assets have been hidden, or when one party has spent some portion of the marital property in an unethical manner, reducing the value.

There is an interaction between the probate laws that govern the distribution of property upon death, and the marital property laws that govern distribution of property between divorcing spouses.

Because the Supreme Court found «the parties» intended agreement concerning alimony is inextricably connected to the agreed upon division of marital property,» it authorized reconsideration of the alimony agreement on remand too.

In cases like that, the court will frown upon one couple throwing out the marital property before it can be distributed properly.

Your rights regarding real estate division depend upon the type of property at issue (for example, marital home, commercial property or rental property).

A spouse contemplating bankruptcy may also want to consider timing with respect to the possibility of a statutory lien for attorney's fees attaching upon final judgment and the conclusion of disputes concerning marital property.

This form would follow the filing of the divorce complaint and tells the judge the specifics of how the marital property will be divided, agreed - upon amounts for child support and alimony, as well as indicating that the parties meet the Washington residency requirements.

The court divides the marital property based upon the facts and circumstances of each individual case.

In such a system, almost all properties and liabilities acquired during marriage are considered marital property and are split evenly upon divorce.

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.

This differs from states that split marital property 50/50 upon divorce and relies more on factors relevant to both spouses when dividing assets and liabilities.

Upon application of a party, the Court shall determine what is the marital property and shall provide for an equitable distribution of the marital property between the parties in accordance with the provisions of this section.

Because Arizona is a community property state, family law courts generally distribute marital assets equally among spouses upon divorce.

Without a prenuptial agreement upon separation by death or divorce, the court separates all of the marital property evenly.

Speaking very generally, marital property is usually divided upon divorce regardless of the name on the title.

Sometimes the term is used in a more majoritive sense, depending upon practice and the jurisdiction, to mean the marital settlement agreement, property settlement agreement, marital agreement.

In community property states, marital property is owned equally by both spouses and courts will generally divide that property equally upon divorce.

In the state of New Jersey, marital property is divided equitably between the parties upon divorce.

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.

In that regard, it reflects the attitude that upon the decision to divorce, the marital relationship becomes merely a struggle for power or property where the participants must compete to «win'the power and its associated products.

Doesn't matter what it is, if it happens the marriage is added to the Community Property (sometimes called «marital property») and then split equally upon Property (sometimes called «marital property») and then split equally upon property») and then split equally upon divorce.

Which means that marital property is divided based upon what is fair and not necessarily equally.

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.

Extensive empirical evidence supports the psychometric properties of this measure, its value in distinguishing distressed and nondistressed couples, and its ability to document predicted changes in marital adjustment (e.g., upon the birth of a first child; outcome after intervention).