Sentences with phrase «one's marital assets»

There are two main reasons why a couple may want to determine the division of marital assets without going to trial.
Additionally, dividing marital assets outside of court allows a couple to determine how such assets should be divided.
If you are heading into a separation, you and your spouse need to negotiate an agreement about core issues, such as marital assets, debts, financial support and child custody.
Hopefully, you're never in a situation where you believe that your spouse has failed to disclose marital assets in your divorce proceedings.
However, the nature of separate property can change during the course of a marriage if combined with marital assets.
If the truck's book value is $ 10,000, you should get credit for $ 5,000 if your ex keeps it after you pay it off from marital assets.
If one of you has retirement funds that are much greater in value than the other, the one with less may receive other marital assets of comparable value.
The court divides numerous marital assets during a divorce, and for couples who own a business together, that includes the company.
The extent and nature of this contribution, as well as other circumstances surrounding the marriage, will determine how marital assets are distributed during a divorce.
A court will want to consider everything when it is attempting to determine how best to split marital assets and debts, and to whom physical custody of the children will be awarded.
You should negotiate a written agreement that covers financial and personal issues, including marital assets, debts, financial support and child custody.
For more complicated divorce cases, with significant marital assets or children's issues to resolve, you can file a petition for dissolution of marriage.
Any issues between the spouses regarding marital assets, debts, and child custody are resolved at a Separate Maintenance Hearing, and the judge will grant Separate Maintenance.
If your spouse is or you feel he or she is contemplating hiding marital assets, you will be one up on them by having this information.
We had a very complex divorce with extensive marital assets including three businesses, and children also.
Experts may be retained by the parties or by the courts to determine the value of marital assets if the parties can not agree.
For example, the court may award one spouse more marital assets, but the court may also assign to that same spouse more of the marital debt in order to be fair.
What type of specific information about marital assets should I obtain before I file for divorce?
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.
To evaluate marital assets, the court generally determines fair market value.
Often the house is the biggest marital asset but it doesn't produce any income and doesn't necessarily add to your financial nest egg.
The court values marital assets at the time of trial or the date of entry of the divorce judgment.
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.
Many times husbands will use economic pressure to make a wife give up her rights to certain marital assets.
Only marital assets and debts are subject to division on divorce.
The longer people are married the more their assets fall into the «marital asset category» allowing spouses to accrue significant benefits by marital longevity.
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.
If the commencement date of the first action for divorce is the proper date for determining marital assets then, by statute, the IPO is husband's separate property.
They may also seek to uncover marital assets that might be unknown to you.
Third parties can intervene only to the extent that they possess a claim to ownership rights in a specific marital asset.
More marital assets need to be divided, children are usually involved, and spousal support (duration and amount) becomes a bigger issue.
It is possible for couples to have a written agreement after being married that will cover marital assets, property distributions, child support and more.
However, before one spouse takes marital assets out of the home, he must be careful that he doesn't take too much or accidentally violate a court order.
The court will also consider each spouse's age, health, income and potential earning capacity when dividing marital assets.
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.
How marital assets and debts are divided in order to come up with a viable property settlement agreement can be one of the most contentious issues in divorce proceedings.
Giving the spouse other marital assets to balance out the distribution is another option.
Try to have joint back taxes paid with marital assets, if possible.
The power of the collaborative divorce team means that even significant marital assets will not hinder or complicate your divorce.
While this article isn't a form of legal advice, common sense tells you that if you're in any type of battle regarding marital assets or custody, avoid any dating.
One of the biggest issues in a divorce involving extensive marital assets is that business owners are reluctant to pay twice — once when dividing the business and again when paying spousal support.
Did your wife handle all the finances, leaving you in the dark about marital assets?
Couples who are older in age and who have been married for a long period of time accumulate more marital assets and liabilities and higher incomes.
In Vermont the court may include the retirement benefits and plans earned by both spouses as marital assets available for division.
The general rule is that assets that are accumulated during marriage are considered marital assets regardless of the titling.
Because Arizona is a community property state, family law courts generally distribute marital assets equally among spouses upon divorce.
Florida is an equitable distribution state, meaning that in divorces decided by the court, judges should divide marital assets equitably between the spouses.
The Superior Court affirmed the trial court's refusal to modify child support when the payor received proceeds from the sale of marital assets after the divorce and division of property.
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