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Division of Property

16 February 2017 5,565 views No Comment

What kind of divorce case qualifies for a disproportionate property division award?
The court will consider a number of different factors to decided whether a disproportionate property division award may be appropriate. Divorces granted on fault grounds plus the following factors, often form the basis for a disproportionate share of the property being awarded to one spouse over the other:

  1. the disparity of incomes or earning capacities of the spousess,
  2. the spouses’ capacities and abilities,
  3. benefits which the party not at fault would have derived from a continuation of the marriage,
  4. business opportunities of the spouses,
  5. education of the spouses,
  6. relative physical conditions of the spouses,
  7. relative financial conditions of the spouses,
  8. differences in the size of each spouse’s separate estate,
  9. the nature of the property to be divided,
  10. fault in the break up of the marriage, and
  11. attorneys fees of the parties.

Of course, evidence of fraud, length of marriage, custody of children, tax consequences and liabilities, size of separate estate, health of the spouses, age of the spouses, future employability, need for future support, credit for temporary alimony paid, wasting and concealing of community assets, reimbursement, debts and liabilities, and nature of the property in the community estate are important factors to determine if the estate should be split 50/50, 45/55, 60/40, 65/35, etc.

We take the time to find out the details of your case and explain your options so that you can make the best choices for yourself and your future.

What if my husband is self employed? How will that effect property division and child support?

When the community estate includes a close corporation, partnership, sole proprietorship, or business of some kind, there will be a need to obtain a financial expert (1) to examine the business records and find the fair market value of the business as a part of the community estate and (2) to determine the earnings of the self employed spouse for purposes of determining child support. We rely on experts that have forensic experience in gathering the data to testify as to the value of business interests and as to the profitability of the business from both the viewpoint of the business owner and of the spouse unfamiliar with the workings of the community property business interest.

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