In general, state laws determine each spouse's rights
regarding the distribution of assets and payment of debts from the marriage.
Not exact matches
Advisers who presently are fiduciaries may be especially likely to fully satisfy the PTEs» Impartial Conduct Standards before January 1, 2018, in the ERISA - plan context, because advisers who make recommendations to plans and plan participants
regarding plan
assets, including recommendations on rollovers or
distributions of plan
assets, are already subject to standards
of prudence and loyalty under ERISA and a violation
of the Impartial Conduct Standards would be subject to claims for civil liability under ERISA.
While the term «rebalancing» has connotations
regarding an even
distribution of assets, a 50/50 stock and bond split is not required.
In New York, the law
regarding marital
assets division during a divorce is based on the concept
of equitable
distribution.
This form outlines the issues that the couple have decided
regarding the terms and conditions
of the
distribution of assets and liability as well as spousal support.
With
regard to the
distribution of assets and liabilities, some
of the tricks I've seen clients attempt to use in order to gain advantage over the other party in mediation include:
Instead
of battling over the division
of marital
assets, the parties to a collaborative divorce may hire an accountant, financial planner or other consultant to review the marital estate and make recommendations
regarding the equitable
distribution of debts and
assets.
With a summary dissolution, a joint petition is filed when 1) either spouse meets the standard residency requirement, 2) the marriage is irretrievably broken down due to irreconcilable differences, 3) the marriage is childless, 4) the wife is not pregnant, 5) neither spouse owns real estate, 6) there are no unpaid debts greater than $ 4,000, 7) the total value
of community property is less than $ 25,000, 8) neither spouse has separate property (excluding cars and loans)
of greater than $ 25,000, 9) the spouses have reached an agreement
regarding the division and
distributions of assets and liabilities, 10) both waive their rights to maintenance and appeal; 11) both have read a brochure about summary dissolution and 12) both desire to end the marriage.
Even though the husband could confer with his attorney outside
of the mediation process, the mediation would be more productive, if he were to have the attorney present for the sessions
regarding support, as well as
distribution of assets, to provide legal advice, and for the other side's attorney to hear his attorney's argument.