Division of Property & Alimony

Question 1

What approach do most states follow for dividing property?

Answer 1

Equitable distribution

Question 2

What are the two approaches for dividing property?

Answer 2

• Community property (equal distribution)
• Equitable distribution (fair and just distribution)

Question 3

What is marital property?

Answer 3

All property acquired during the marriage

Question 4

What is NOT marital property?

Answer 4

• Property acquired before the marriage
• Award or settlement payment received for any cause that accrued prior to marriage
• Gifts and inheritance
• Property acquired after the parties are separated
• Property sold in good faith before the final separation
• Property mortgaged in good faith before the final separation

Question 5

Are increases in value of separate property considered marital property?

Answer 5

Yes, if due to either spouse’s efforts or marital funds

Question 6

Are gifts between spouses considered marital property?

Answer 6

Yes

Question 7

Who has the burden of proving something is separate property?

Answer 7

The party claiming that it is not marital property

Question 8

What factors do courts consider for dividing marital property?

Answer 8

• Length of marriage
• Prior marriages
• Economic circumstances of each spouse
• Contributions to education or career advancements of other spouse