Divorce, Separation and the Distribution of Property

Pirmais vāks
Law Journal Press, 2021. gada 28. okt. - 1036 lappuses
"A single-volume text that could replace most of the others.... Provides an invaluable education for new and experienced lawyers alike." --Family Advocate

Divorce, Separation and the Distribution of Property has, as its primary focus, the difference between those states that allow divorce courts to divide all property owned by either party at divorce and those that permit the division only of property accumulated during marriage by spousal effort.

The book discusses existing rules in the various states relating to the enforcement of premarital or postnuptial agreements regarding the parties rights if they divorce, including the generally accepted requirements that such agreements be voluntarily signed after sufficient financial information has been exchanged.

The book addresses in great detail how divorce courts deal with pension rights when an employee is married for a portion of his or her career, including the difference in treatment of defined benefit plans and defined contribution plans.

Additional sections included in Divorce, Separation and the Distribution of Property include: (1) what happens if a person starts a business before marriage and devotes substantial effort to that business during marriage; (2) the extent to which the value of a business created during marriage should include a component for its goodwill; (3) treatment of a residence purchased before marriage by one spouse where marital funds are used during marriage to make loan payments or improvements to the home; (4) whether property changes from separate to marital as a result of taking title jointly or by joint use of the property during marriage; (5) how divorce courts handle various employment benefits other than pensions such as stock options, bonuses, vacation and sick leave, and severance benefits; (6) the impact on a divorce property settlement if a spouse obtains a professional degree or license during marriage; (7) the treatment of federal benefits at divorce, such as Social Security benefits or military retirement benefits; (8) how divorce courts deal with recoveries for personal injuries, workers compensation awards, disability payments, or payments from a trust; (9) the impact upon a divorce property settlement if a spouse devotes time during marriage to creation of a book, invention, or other novel property that may result after divorce in an intellectual property right such as a patent or copyright; and (10) principles of jurisdiction relevant to divorce and the division of the marital estate, including the recognition of foreign divorces.

Book ɜ looseleaf, one volume, 888 pages; published in 1987, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-043-2.
 

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Saturs

1 Maximum Award to
2-1
8 NonProperty Cohabitation Contract
2-8
CHAPTER 3
3-1
CHAPTER 4
3-4
Marital Agreements
4-1
CHAPTER 2
4-2
C Injuries Before Marriage 811
4-8
Child Support 464
4-62
Received in the Future 7115
7-115
e The CutOff Date
7-122
CHAPTER 8
81
a Whether Property Is Acquired
82
Enacted Equitable Distribution
84
Approach 844
8-8
4 Alienation of Affections 823
8-27
d Applying the Implied Exclusion
8-44

CHAPTER 5
5-1
at Divorce 813
5-8
9 Cohabitants Treated as Spouses
5-9
Types of Property That Frequently
5-25
2 A Personal Injury Action Pending
6-2
Marital Estate 614
6-13
the Acquisition of
5
CHAPTER 7
7-1
a In General 749
7-2
vii
7-4
5 Effectiveness of Waivers in Marriage
7-5
During Marriage 619
7-6
5 The Pro Rata Deferred Payment
7-74
6 The Present Value Approach to Valuing
7-107
CHAPTER 9
8-67
1 Definition 713
9-12
CHAPTER 10
10-1
CHAPTER 11
11-1
5 Benefits That Also Replace Retirement
11-5
CHAPTER 12
11-43
Divorce 1233
12-33
Spouses 1242
12-42
d Dissipating the Marital Estate 1317
13-1
Valuation Procedure 1340
13-41
12 Constitutionality of Equitable
13-47
Index
13-63
Autortiesības

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Par autoru (2021)

J. Thomas Oldham

J. Thomas Oldham, a graduate of Denison University in Granville, Ohio and of the UCLA Law School, is a professor at the University of Houston Law Center.An active family law practitioner, Professor Oldham is a member of the Texas, California, and District of Columbia Bars. He also serves on the Executive Committee of the ABA Family Law Sections Marital Property Committee and on the editorial board of the Family Law Quarterly.

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