Divorce, Separation and the Distribution of Property

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Law Journal Press, Apr 28, 2020 - Law - 1016 pages
"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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Contents

1
2
f Implied or Express Partnership
12
126
26
CHAPTER 2
1
a Marriage Impediment 214
2
CHAPTER 3
31
CHAPTER 4
1
5 Theories of Recovery in Cohabitants Disputes
5
7141
141
Considered Acquired or Earned 7146
146
b Options That Are Exercisable
160
847
163
CHAPTER 8
183
2 Benefits Received After Divorce
3 Social Security
3
833
33

8 NonProperty Cohabitation Contract
8
of Marriage 428
28
4 Retroactive Application of the Modern
42
CHAPTER 5
1
513
13
ilal Property
23
ii States without Express
Defined
1 Marital Property States
1
617
17
624
24
CHAPTER 7
1
7 Characterizing Refinancing
2
4 The Time of Vesting Approach 737
37
6 Unitary Property Approach 748
48
09
61
5 The Pro Rata Deferred Payment
74
Benefit Plans 784 Benefit Plans
84
6 The Present Value Approach to Valuing
107
7134
134
854
54
M
60
CHAPTER 9
1 Settlements or Judgments Obtained
1
Shareholders During Marriage 108
8
4 Allocating the Increase in Value
18
5 Increases in Value Stemming from
25
1058
58
711
7
03
22
CHAPTER 12
1
1233
33
1239
39
CHAPTER 13
7
713
13
3 Retroactivity of Equitable Distribution
31
Rel
36
12 Constitutionality of Equitable
12
Index
15
Copyright

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About the author (2020)

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.nbsp; An active family law practitioner, Professor Oldham is a member of the Texas, California, and District of Columbia Bars.nbsp; He also serves on the Executive Committee of the ABA Family Law Section's Marital Property Committee and on the editorial board of the Family Law Quarterly.

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