Speaking very generally, marital property is usually
divided upon divorce regardless of the name on the title.
Prior to the marriage, the complainant signed a marriage contract that limited support and division of
property upon a divorce.
Full disclosure is important to obtain a fair and reasonable share in the property
division upon divorce.
Typically, pension benefits that were earned during the course of the marriage are marital property that is divided between
spouses upon divorce.
That means that anything you and your spouse have acquired during marriage is subject to equal division and
distribution upon divorce.
For married couples, child maintenance is usually dealt with as part of an overall negotiated financial
agreement upon divorce.
However, if a spouse has a successful career in the entertainment industry, such a factor plays a huge role in seeking spousal
support upon a divorce.
If a married individual is gifted with a sizable amount of money and the relationship breaks down, is it fair that the money should be
split upon divorce?
In community property states, marital property is owned equally by both spouses and courts will generally divide that property
equally upon divorce.
A family lawyer can better advise you of your legal
rights upon divorce or separation, whether you are married or common law.
Just as with younger divorcing couples, any health insurance benefit one spouse receives through the other spouse
ends upon divorce.
In such a system, almost all properties and liabilities acquired during marriage are considered marital property and are split
evenly upon divorce.
He also forgot to consider that he would have to pick up health
insurance upon the divorce at his cost (he was previously on his wife's work policy).
Property subject to division
upon divorce includes real estate, bank account funds, personal property and retirement accounts such as a 401 (k).
Because a couple maintains their married status while being legally separated, health plan coverage that would otherwise
terminate upon divorce will likely continue.
Note: This meant equal rights under the law to have custody
determined upon divorce or separation, and does not imply the outcome of «joint custody» upon separation or divorce.
This can be really
tricky upon divorce, as those dual incomes were once used to support a certain standard of living that may no longer be realistic.
Under the «tender years» presumption, custody of young children was almost exclusively awarded to
mothers upon divorce.
In these states, married couples who obtain property usually own it jointly, which means it would be
divided upon divorce or other dissolution of the marriage.
The state's divorce law considers property and assets accrued during the marriage as community property that is subject to equal division and
distribution upon divorce.
These accounts are typically considered marital
property upon divorce, so it is essential to know how they are valued and divided.
If a married person does not want to divide his
inheritance upon divorce, he may keep it entirely separate from community property.
For example, using it to pay off the mortgage on your marital home is not smart considering the matrimonial home is
split upon divorce.
Mediated divorce involves both parties to the relationship meeting with a neutral third party, who acts as a mediator and helps guide their individual wishes to a mutually
agreed upon divorce settlement.
These techniques can include hiding assets to minimise the allocation of marital
assets upon divorce.
As part of the financial
settlement upon divorce / dissolution of a civil partnership, claims in respect of the children are dealt with as part and parcel of the claims between the spouses / civil partners.
A prenuptial agreement is an agreement between you and your potential spouse that describes how you would like your property
distributed upon divorce.
The judge reviews these elements because he or she must have an accurate understanding of what property you each have, how much it is truly worth, and what kinds of financial considerations you
face upon divorce.
He is an attorney and owner of Gordon & Hess, PLC with a practice primarily
focused upon Divorce, Family Law, Criminal Law, Bankruptcy and Mediation.
This is money you receive from your
ex-spouse upon divorce if you are unable to support yourself with your income and assets alone.
Sarah's practice has a particular emphasis upon advising on or mediating complex financial
claims upon divorce together with future arrangements for children.
If you're about to
embark upon the divorce process or are in the middle of a high - conflict divorce and custody case, you may want to consider making an argument for a custody agreement or order that specifically institutes parallel parenting.
Separate property is any property a spouse acquired before the marriage or during the marriage by gift or inheritance; such property belongs to the spouse who acquired it and is not
divisible upon divorce.
A High Court Judge dismissed a wealthy hedge fund tycoon's application for a blanket ban on the media
reporting upon his divorce case.
If they have a complete agreement they write down the basic components on a napkin, initial it, and take it to their local Legal Document Preparer, Paralegal Assistant or Divorce Attorney to prepare, process and complete the divorce paperwork necessary to finalize their agreed
upon divorce based upon their mutual agreement and not based upon what someone else decides for them.
It is
upon the divorce family lawyer to follow up and ascertain that the custodian makes payments to compensate on the provision of the children / child.