Family Flashcards
What is marital property?
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.
What is the purpose of spousal support?
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.
What do courts consider in awarding spousal support?
The court considers:
- The standard of living during the marriage;
- Duration of the marriage;
- Age and physical and emotional condition of the parties;
- Financial resources of the parties;
- Contribution of each party to the marriage;
- Time needed to find employment; and
- Ability of payor to meet his needs.
When is spousal support awarded?
Spousal support is awarded to a spouse with neither the resources nor the ability to be self-sustaining.
What determines the amount of child support?
The amount of support is based upon monetary need and the ability to pay.