Division of Property

Question 1

approaches to division of property

Answer 1

equitable division of marital property
community property

Question 2

equitable division of marital property

Answer 2

each spouse takes separate property and court provides marital property by equitable distribution

Default method on MEE

Question 3

equitable distribution discretion

Answer 3

court has significant discretion in determining this

Question 4

equitable distribution factors

Answer 4

income
educational/vocational skills and employability of each party
duration of marriage
standard of living during marriage
assets, debts, and liabilities of the parties
obligations for support arising out of a prior marriage
contributions made to accummulation of marital property
needs of the parties
provisions for custody of minor children
alimony/spousal support
health of each spouse

Question 5

fault/infidelity

Answer 5

fault/infidelity is NOT a relevant factor

Question 6

approaches to dividing property

Answer 6

equitable division of marital property
community property

Question 7

community property

Answer 7

marital property is divided 50-50 between each spouse
UNLESS acquired by gift or bequest (considered separate property)

Question 8

property division method

Answer 8

1. categorize property: marital or separate
2. determine equitable distribution of marital property

Question 9

modifications

Answer 9

property distribution decrees are generally NOT modifiable in most states