Sentences with phrase «parties during the marriage»

This may cover only the assets acquired by either party during the marriage.

The Pennsylvania Divorce Code establishes the presumption that marital property includes «all property acquired by either party during the marriage [without regard to title], including the increase in value... of any nonmarital property acquired [prior to marriage or by gift, bequest, devise or descent].»

In spite of the modest lifestyle enjoyed by the parties during the marriage, at the final hearing the husband sought:

Nevertheless the latter is often a very significant component of the future economy of each or both parties; unlike any attempted capitalisation of earning capacity, it does not depend on the application of future effort but subject only to market and other vagaries, is in the bag; and its size has usually been increased by the efforts, direct and indirect, of both parties during the marriage.

S.C. Code § 20-3-630 (A) creates a definition (with some exceptions) of «marital property» as «all real and personal property which has been acquired by the parties during the marriage and which is owned as of the date of filing or commencement of marital litigation...» Thus, generally, property acquired after the date of filing marital litigation does not become marital property.

Increase in value of non-matrimonial assets which is due to the endeavours of one of the parties during the marriage.

Marital property is property that is «accumulated through the joint efforts of the parties during their marriage.»

Whilst assets which are acquired by way of gift or inheritance from a third party during the marriage are generally excluded from the definition of matrimonial property, if there is a change in nature of the asset during the course of the marriage, the asset could be converted into matrimonial property.

The court determines how to divide property by evaluating several key factors, which include the needs of each spouse, the standard of living of the parties during the marriage, each spouse's age as well as health and earning capacity, any established custody arrangement, each spouse's contribution to the marriage and marital assets, and the income, assets and debts of each spouse.

During a divorce, the term «equitable distribution» refers to the division of assets and debts acquired by one or both parties during the marriage.

The standard of living of the parties during the marriage with consideration that neither party may be able to maintain that standard of living as there will be two households after the divorce;

Though current factors require a judge to consider the standard of living of the parties during the marriage, the new proposed factor states explicitly that the parties should not expect to be able to maintain the same standard of living in two households as compared to when everyone lived in the same household.

the decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;

The division of the marital property of the divorcing couple that came to the parties during the marriage is called equitable distribution.Usually it does not include any gifted or inherited property.

Separate, non-marital property is any asset or debt that was brought into the marriage, or inherited by or gifted to one party during the marriage (and not co-mingled with marital accounts).

Not exact matches

(BTW: I have to say, that your image of Jesus «partyin» with sinners (or anyone else) is really stretching things more than a little beyond the texts as we are told only of one «party» He attended during His incarnation — the marriage in Cana — and His words to His mom before turning the water into ripple give the impression that His attitude was far from that of someone wanting to hoist a few and sing off - key Foghat songs until the sun came up) 10.

In addition, we take into account the parties» comparative net gains from the sale of the home in our disposition of other property accumulated during the marriage.

Anyway, the split during the vote was by party, and all MPs with a «muslim heritage» (Razzy Hammadi, Ibrahim Aboubacar, Malek Boutih, Kader Arif, Chaynesse Khirouni, Pouria Amirshahi, Kheira Bouziane, Boinali Said) did vote in favor of gay marriage, even the one from Mayotte Boinali Said (over-seas department with a Muslim majority).

But now feeling re-energized these LGBT conservatives are ready to oppose their party and support same sex marriage rights during their party's RNC this week.

The state Conservative Party released its annual legislative rankings today and reported that both the Senate and Assembly improved their overall standing during the 2011 session despite voting in favor of the legalization of same - sex marriage — an issue the party vehemently oppParty released its annual legislative rankings today and reported that both the Senate and Assembly improved their overall standing during the 2011 session despite voting in favor of the legalization of same - sex marriage — an issue the party vehemently oppparty vehemently opposed.

Steve Schmidt, who was the senior strategist to Senator John McCain of Arizona during his presidential campaign, said in a speech and an interview that Republicans were in danger of losing these younger voters unless the party comes to appreciate how issues like gay marriage resonate, or do not resonate, with them.

I asked MacKay during a brief interview earlier today if he would do the same — in other words, refuse to let candidates who vote «no» on gay marriage run on Row E (and yes, the party fared poorly in the ballot status sweepstakes last fall).

ESPA, for example, has backed Kennedy, who is pro-gay marriage, in spite of the fact that the Conservative Party has endorsed the legislator, leading Stachowski to accuse him of hypocrisy during a recent «Capital Tonight» interview.

Cuomo, a Democrat, broke with tradition and actually campaigned for his party - mates this year, and while he counseled marriage among the Democratic diaspora during the campaign he has said nothing about the state Senate in weeks.

Unlike common law states, community property states consider debt taken on during the marriage community property (or property of the couple), regardless of whether both parties signed for the it.

The starting point is that matrimonial assets should be split on a 50/50 basis however this may be departed from after considering the children's needs, the length of the marriage, the ages, health and income earning capacity of the parties, the standard of living enjoyed during the marriage, needs and any other relevant circumstances.

The parties have accumulated certain community, joint and common property and debts during the coverture of the marriage which should be equitably divided.

A Community Property state provides that all property that is acquired during the marriage is owned equally by both parties to the marriage.

However, just as an argument can be made that one's separate property should be construed as marital property, an argument may also be made that debt accrued during marriage should be assessed to the party who created the obligation.

If either of the parties tends to spend far more than the other, you can describe in the prenuptial agreement how you want debts incurred during the marriage to be treated for equitable distribution purposes.

The agreement reached between the husband and wife on the property acquired during the period in which they are under contract of marriage and on the prenuptial property is binding on both parties.

The rights and obligations of the property of the parties, whether acquired before or during marriage

If husband and wife agree, as is known to the third party, to separately possess their property acquired during their marriage life, the debt owed by the husband or the wife to any other person, shall be paid off out of the property separately possessed by him or her.»

In addition, it is required to consider the parties» needs, financial resources, standard of living during the marriage, ages, nonmonetary and monetary contributions to the well - being of the family, contributions to each other's careers, property interests, and earning capacities.

In considering the equitable distribution award, the appellate court first pointed out the distinction between the considerations in equitable distribution and the considerations for spousal support, that spousal support requires a consideration of the equities between the parties and the standard of living established during the marriage while equitable distribution is concerned with the acquisition, growth and preservation of marital assets, citing Lightburn v. Lightburn, 22 Va..

They had lived in Switzerland during the six year marriage but also had a home in England in which the wife remained living with the parties» three children following separation.

Bodey J agreed with the wife's position and made an award of # 5m to the husband, holding that in light of the parties» modest standard of living during the marriage the award more than met the husband's needs, generously assessed, and would allow him to purchase a property in central London for # 2m and to achieve an income of # 130,000 per annum on a Duxbury basis.

The answer might well have been that it applies only to matrimonial property, namely the property of the parties generated during the marriage otherwise than by external donation; and the consequence would have been that non-matrimonial property would have fallen for redistribution by reference only to one of the two other principles of need and compensation to which we refer in paragraph 68 below... We consider, however, the answer to be that, subject to the exceptions identified in Miller to which we turn in paragraphs 83 to 86 below, the principle applies to all the parties» property but, to the extent that their property is non-matrimonial, there is likely to be better reason for departure from equality» (para 66).

Any assets acquired during your marriage are community property unless they were specifically a gift or inheritance to one party.

The courts consider several issues when establishing spousal support awards; these may include the current income potential of the parties, the standard of living during the marriage, and the non-breadwinning spouse's need.

The court will consider the types of vacations and other entertainment the parties» enjoyed during their marriage, as well as a myriad of other facts that establish the standard of living the parties» experienced.

In the end result the Ontario court of appeal did not permit a sharing of the increase based on both parties maintaining careers and sharing childcare during the marriage.

Wife testified at the evidentiary hearing about the parties» standard of living, the history of employment during the marriage, and illness and disability benefits.

The court will consider the standard of living established during the parties» marriage.

The court will examine the types of cars the parties» drove during their marriage, as well as the clothing and jewelry and other items they purchased during their marriage.

For example, the court will consider the size, location, and monthly costs associated with the home in which the parties» lived during their marriage.

In a prenuptial agreement, both parties sign before the marriage, whereas, a postnuptial agreement is signed during the marriage.

How each party contributed to the accumulation of property and assets during the marriage, including the contribution of homemaking

He claimed his retirement benefits were earned during the marriage and should be equally divided between the parties.

I can imagine the havoc wrought when success or failure hung on proof of a party's misconduct during the marriage.