Family Flashcards

1
Q

What is marital property?

A

Property acquired during marriage is marital property unless acquired through gift, bequest, devise, or descent. When a gift is given to both parties, courts look at the donor’s intent. Wedding gifts are classified as marital property. Marital property is subject to division at divorce.

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2
Q

What is the purpose of spousal support?

A

The purpose of spousal support is to ensure an adequate income stream for the spouse whose economic dependency was a result of the marital relationship.

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3
Q

What do courts consider in awarding spousal support?

A

The court considers:

  1. The standard of living during the marriage;
  2. Duration of the marriage;
  3. Age and physical and emotional condition of the parties;
  4. Financial resources of the parties;
  5. Contribution of each party to the marriage;
  6. Time needed to find employment; and
  7. Ability of payor to meet his needs.
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4
Q

When is spousal support awarded?

A

Spousal support is awarded to a spouse with neither the resources nor the ability to be self-sustaining.

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5
Q

What determines the amount of child support?

A

The amount of support is based upon monetary need and the ability to pay.

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