Sentences with phrase «property during the separation»

Additionally, a separation agreement should typically discuss who is living in the marital residence and how the couple is handling debts, assets and shared property during the separation.

Not exact matches

Upon separation from employment with the Company or on demand by the Company during my employment, I will immediately deliver to the Company, and will not keep in my possession, recreate, or deliver to anyone else, any and all Company property, including, but not limited to, Company Confidential Information, Associated Third Party Confidential Information, as well as all devices and equipment belonging to the Company (including computers, handheld electronic devices, telephone equipment, and other electronic devices), Company credit cards, records, data, notes, notebooks, reports, files, proposals, lists, correspondence, specifications, drawings, blueprints, sketches, materials, photographs, charts, any other documents and property, and reproductions of any and all of the aforementioned items that were developed by me pursuant to my employment with the Company, obtained by me in connection with my employment with the Company, or otherwise belonging to the Company, its successors, or assigns, including, without limitation, those records maintained pursuant to Section 3.C.

A: In North Carolina, marital property is all real and personal property acquired by either spouse during your marriage and before your separation.

While the law surrounding Equitable Distribution is complex, in North Carolina, property is typically considered to be marital when it was acquired during the marriage prior to separation.

So, the short answer is, yes — you will likely still be entitled to this property if it was acquired during your marriage and prior to your separation.

Debt incurred before marriage or after separation is typically considered «separate debt», however student loans borrowed during marriage may be deemed «marital» debt, especially in the community property states.

J. Thomas Oldham, Divorce, Separation, and the Distribution of Property § 13.01 [5] at p. 13 - 8.2 (2001)(«A divorce court normally applies its law to govern the division of spouses» property, regardless of whether the spouses were married in another jurisdiction or lived elsewhere during the marriage.Property § 13.01 [5] at p. 13 - 8.2 (2001)(«A divorce court normally applies its law to govern the division of spouses» property, regardless of whether the spouses were married in another jurisdiction or lived elsewhere during the marriage.property, regardless of whether the spouses were married in another jurisdiction or lived elsewhere during the marriage.»)

Whatever earnings are made during the legal separation don't constitute marital property.

These agreements establish the guidelines for how you and your spouse will treat such issues as your finances, debts, assets or property division and spousal support during your relationship and in the event of a separation.

The date of separation may also be of interest to an unmarried («common law») couple if the couple is asserting a joint venture / constructive trust (such as where an unmarried couple invested in property together during the relationship and share that investment upon separation).

You'll work out issues of child custody, alimony payments, child support, and division of property during the period of separation.

The agreement clearly defines property rights of the two people during the marriage, if there's a separation or divorce, or if one of the spouses dies.

In general terms matrimonial property includes all assets belonging to the parties individually or jointly which was acquired during the period of marriage and held as at the date of separation, less any debts similarly held by the parties individually or jointly as at that date, subject to a few exceptions.

Upon divorce, and during a separation (in fact) of the spouses prior to a divorce, a Court can enter orders regarding property division or maintenance (and child support, if relevant) if the husband can be served with process, and as to any property that the Court can gain control over.

However, it is important to note the differences between married and unmarried spouses and the impact it will have when dividing property acquired during your relationship upon separation.

Without terminating the marriage, the Oklahoma court divides property and may award alimony and determine child custody during a legal separation action.

Therefore, during the period of separation, if a divorce complaint is not filed, you will not have a pending court matter that will permit you to file an application seeking a court order for alimony, child support, distribution of property and parenting time.

Because this agreement addresses all property accumulated during the marriage, separation agreements can be complex documents.

Separate property includes an inheritance to one spouse during the marriage; property acquired by a partner before the marriage; passive income and appreciation acquired from separate property during the marriage; property acquired by one spouse after a decree of legal separation; property excluded from the couple's marital property by a premarital agreement; a spouse's personal injury compensation, except for loss of earnings during the marriage and compensation for expenses paid from marital assets; and any gift given to only one spouse.

Marital property is defined as any property obtained during the course of the marriage and does not include inheritances, gifts or assets acquired after separation.

Separate property includes inheritances — even if acquired during marriage — and property acquired after you file a petition for divorce or legal separation.

During the one - year separation period, North Carolina allows you and your spouse to negotiate a separation and property settlement agreement regarding issues of property, debts, custody and support.

During the separation, any assets that are accrued by either spouse are still considered marital property and as such, are held jointly.

This agreement operates like a contract and may cover issues related to the division of marital property and debts, custody and visitation of any children, and child and spousal support during your separation period.

During your separation period, you generally work out the terms of your divorce, including property division, custody and support with your spouse.

If you already worked out issues like finances and property division during the separation, those agreement terms can apply to the divorce unless you want them changed.

It is helpful if the affidavit is divided into sections under separate headings, for example — «arrangements for the children pre and post separation» or «property accrued during the marriage».

A separation agreement is a contract regarding how matters related to property and spousal support will be dealt with during the separation period and eventual divorce, and is in lieu of the court making this determination.

(Bear in mind that during a trial separation, in many states, you are still legally married and the rules of property ownership remain the same.)

«Marital property» means all real and personal property acquired by either spouse or both spouses during the course of the marriage and before the date of the separation of the parties, and presently owned, except property determined to be separate property or divisible property in accordance with subdivision (2) or (4) of this subsection.

The court attempts to be equitable in deciding whether property should be utilized or divided for support during a separation.

Even though you and your spouse may be friendly and everything is amicable, if you have any assets that accumulated during your marriage, even if you have kept most or all of your finances separately titled, you may still need to have a Separation and Property Settlement Agreement (Marital Settlement Agreement) to be sure you are protected in the future.

Typically, any property acquired by either spouse before you got married will be considered separate property and, with the exception of gifts and inheritance, any property acquired after you got married and before you separate will be considered marital property and subject to division during divorce or separation.

The term «marital property» shall mean all property acquired by either or both spouses during the marriage and before the execution of a separation agreement or the commencement of a matrimonial action, regardless of the form in which title is held, except as otherwise provided in agreement pursuant to subdivision three of this part.

Therefore, neither party may remarry, and any money earned during the period of legal separation is still subject to community property rules.

General Information Generally, community property and obligations are those acquired during marriage and prior to separation.

California's community property law basically includes as «community property» all assets and debts and income acquired during a marriage, before permanent separation.