Divorce, Separation and the Distribution of Property
Law Journal Press, 2020. gada 28. okt. - 1028 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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to Be Married 126
Rules Governing Property Division
c Injuries Before Marriage 811
j Reading and Understanding
i Discounting for Money to
e The CutOff Date
State or Local Governments 7135
Enacted Equitable Distribution
4 Alienation of Affections 823
6 Loss of Consortium 828
d Workers Compensation
Child Support 464
2 A Personal Injury Action Pending
Types of Property That Frequently
a In General 749
5 Effectiveness of Waivers in Marriage
During Marriage 619
c Pro Rata Approach 750
f The Source of Repayment Test 725
4 The Time of Vesting Approach 737
6 Unitary Property Approach 748
Before Divorce 751
5 The Pro Rata Deferred Payment
vi Devising the Nonemployee
1 Settlements or Judgments Obtained
4 The Commercial Personal Service
1 Definition 713
5 Benefits That Also Replace Retirement
of Separate Property to Marital 1114
Valuation Procedure 1340
12 Constitutionality of Equitable
accepted accumulated acquired action affect agreement Alaska amount applied appreciation approach award benefits calculated California characterization claim Colo compensation computed considered continue contract contribution court court concluded create defined determined discussion divided divisible divorce earned efforts employee employee's employment enforced equity example Florida gift held husband Idaho Illinois improve increase in value infra interest involved issue Jersey loan marital estate marital funds marital property marriage married ment Michigan Minn Minnesota Missouri N.Y. App non-employee normally North Carolina Ohio options parties payment pension pension rights period post-divorce premarital purchase rata received regarding reimbursement result retirement Rptr rule separate property share signed spouse spouse's Stat statute Super supra Texas treated trust vested Virginia Wash wife York
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