8) Effects of Divorce

Question 1

when does marriage community end?

Answer 1

spouses living separate and apart (not date of divorce!)

Question 2

living separate and apart: def

Answer 2

permanent physical separation
actual separation w/ no intent to resume marital relations
subjective intent + objective conduct

Question 3

living separate and apart: indicators

Answer 3

1) moving out
2) no sex
3) planning for divorce
4) filing for divorce

Question 4

status of property acquired after living separate and apart

Answer 4

SP

Question 5

causes for divorce

Answer 5

1) irreconcilable differences causing the irremediable breakdown of the marriage
2) incurable insanity

Question 6

when fiduciary duty to other spouse ends

Answer 6

until property is divided (even if after divorce)

Question 7

how assets divided: rule

Answer 7

EQUAL (not equitable) division

–com property divided 50/50

Question 8

how assets divided: exceptions

Answer 8

1) misappropriation
2) economic fraud
3) breach of fiduciary duty
4) parties had a contrary agreement

Question 9

how assets divided: asset types exception

Answer 9

• -personal injury: tho CP, given to injured spouse on divorce (unless interests of jusitce require otherwise)
• -economic circs exception: gives asset to one spouse and other spouse gets 50% of asset

Question 10

economic circs exception: typical assets

Answer 10

family home: so kids can stay
closely-held corporation: that spouse can keep stock
pensions: value divided not the actual asset

Question 11

division of quasi-community property

Answer 11

also divided 50/50

CA may not have j. over property out of state

Question 12

assets: time of valuation

Answer 12

date of TRIAL

Question 13

assets: time of valuation: exception

Answer 13

good cause –> court may pick another date after separation and before trial, to accomplish equal division of the estate

Question 14

debt: court process

Answer 14

1) characterize the debt: SP or CP?

2) divide

Question 15

debts: excluded from divorce division

Answer 15

educational loans (go to student spouse)
liability for tort not for ben of the com (to t-spouse)

Question 16

allocate debts based on:

Answer 16

when acquired:
before marriage or after separation – SP (tho for common necessaries may assign based on needs/ability to pay)
during marriage – most CP
BUT can be SP if not incurred for the benefit of the community

Question 17

excess debt: allocation

Answer 17

if debts exceed assets, allocate excess debt equally between parties, taking into account each party’s ability to pay