Divorce, Separation and the Distribution of PropertyLaw 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 | 1-2 |
CHAPTER | 1-4 |
862 | 1-8 |
7 Property Accumulated During Premarital | 1-14 |
116 | 1-17 |
05 | 1-26 |
CHAPTER 2 | 2-1 |
CHAPTER 3 | 2-3 |
5 The Pro Rata Deferred Payment | 7-74 |
6 The Present Value Approach to Valuing | 7-107 |
8 Miscellaneous Pension Issues 7125 | 7-125 |
7146 | 7-146 |
b Options That Are Exercisable | 7-160 |
Miscellaneous Property Interests | 81 |
07 | 8-64 |
1 Definition | 9-12 |
i Cohabitation | 2-7 |
c Holding Out as Husband and Wife | 2-12 |
Rules Governing Property Division | 2-27 |
Child Support 464 | 4-64 |
CHAPTER 5 | 5-1 |
6 What Property Is Acquired or Earned | 5-23 |
States Without Express Statutes | 5-25 |
1 Importance of Statutory Definition | 7-1 |
vii | 7-4 |
3 Time of Vesting Approach | 7-37 |
4 Pro Rata Approach | 7-56 |
CHAPTER 10 | 10-1 |
1018 | 10-18 |
1025 | 10-25 |
311 | 11-1 |
5 Benefits That Also Replace Retirement | 11-5 |
CHAPTER 12 | 12-2 |
CHAPTER 13 | 13-1 |
12 Constitutionality of Equitable | 13-45 |
1349 | 13-47 |
Bieži izmantoti vārdi un frāzes
accumulated Alaska alimony applied approach Ariz Arizona Arkansas award benefits California characterization civil union Code Ann cohabitation Colo Colorado common law marriage community property considered contribution court concluded Dakota divorce court earning capacity employee enforced equitable erty example Florida gift goodwill Hawaii husband Idaho Illinois increase in value infra Iowa App Jersey Kentucky Louisiana marital claim marital contract marital estate marital funds marital property married Massachusetts ment Minn Minnesota Missouri N.J. Super N.Y. App N.Y. Sup non-employee North Carolina North Dakota Ohio App options Oregon parties partnership payment Pennsylvania post-divorce postnuptial agreement premarital agreement property acquired purchase rata received reimbursement retirement riage Rptr Rptr.2d rule same-sex marriage separate property signed spouse spouse's Stat statute supra Tenn Texas unclear unconscionable UPAA Utah waiver Wash wedding wife Wisconsin York
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