Division of Property

Question 1

Is property acquired by one spouse after separation but before divorce considered martial property?

Answer 1

Yes, in most states, property acquired by one spouse after separation but before divorce is marital property.

Question 2

What are some factors courts consider when determining the equitable distribution of property?

Answer 2

Some of the relevant factors include:

a) the length of the marriage,
b) the age, health, earning potential, and needs of both spouses,
c) the value of separate property,
d) the spouses’ standard of living, and
e) economic circumstances of each spouse at the time of divorce.

Question 3

Can a property division be modified post-divorce?

Answer 3

Spousal support is an obligation of one party to provide financial support to the other after a divorce. Courts can modify a spousal support order based on a significant change in circumstances.

Property division, on the other hand, is a one-time award of assets based on equity at the time of divorce. Because this property division is essentially frozen in time at the time of divorce, it cannot be modified post-divorce.

Question 4

What is the doctrine of divisible divorce?

Answer 4

Under the doctrine of divisible divorce, a court may have sufficient jurisdiction to grant a divorce, but lack such jurisdiction with respect to other divorce-related matters, such as property division, without personal jurisdiction over the other spouse.

A court may not exercise personal jurisdiction over a defendant unless the defendant has minimum contacts with the state in which the court sits and the exercise of jurisdiction would be fair and reasonable.