Divorce, Separation and the Distribution of Property
"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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f Implied or Express Partnership
a Marriage Impediment 214
5 Theories of Recovery in Cohabitants Disputes
Considered Acquired or Earned 7146
b Options That Are Exercisable
2 Benefits Received After Divorce
3 Social Security
8 NonProperty Cohabitation Contract
of Marriage 428
4 Retroactive Application of the Modern
ii States without Express
1 Marital Property States
7 Characterizing Refinancing
4 The Time of Vesting Approach 737
6 Unitary Property Approach 748
5 The Pro Rata Deferred Payment
Benefit Plans 784 Benefit Plans
6 The Present Value Approach to Valuing
1 Settlements or Judgments Obtained
Shareholders During Marriage 108
4 Allocating the Increase in Value
5 Increases in Value Stemming from
3 Retroactivity of Equitable Distribution
accepted acquired action affect agree agreement Alaska alimony amount applied appreciation approach Ariz award benefits California characterization claim Code Ann Colo Colorado community property compensation considered contract contribution court court concluded determine disability discussed divided division divorce earned efforts employee enforced equitable example Florida funds gift held husband Idaho Illinois improve included increase in value infra intention interest involved issue Jersey lowa marital estate marital property marriage married Michigan Minn Minnesota Missouri N.Y. App normally North Carolina Ohio options parties payment pension premarital present purchase received regarding reimbursement result retirement Rptr rule separate property share signed South spouse spouse's Stat statute Super supra Tenn Texas tort Virginia Wash wife York
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