Maintenance and marital/non marital property division

Question 1

What are the two types of maintenance?

Answer 1

Temporary to provide for during the pendency of the action and Post divorce.

Question 2

What factors will the court take into account when looking at whether to grant post divorce maintenance?

Answer 2

Not automatic right, must have need

Court considers any relevant factors, including:

1. fault
2. health/age of parties
3. educational attainment, job skill
4. whether sole custodian minor child
5. duration of marriage and standard of living

Question 3

When might we be able to modify our maintenance arrangements?

Answer 3

1. Available upon application to court and showing of substantial change in circumstances
2. Arrears never modified; prospective only
3. Separation agreement for conversion divorce may contain alimony terms (extreme hardship to modify)

Question 4

When can maintenance be terminated?

Answer 4

1. Court has discretion to end at any time
2. Terminates upon death of either party
   (a) except separation agreement may alter that
3. Terminates if recipient remarries or openly lives with another as if spouse

Question 5

What can the Court do to enforce maintenance?

Answer 5

1. Can seize assets
2. Can attach wages
3. Can take away driver’s license, professional license, recreational license
4. Enforcing party gets attorney’s fees

Question 6

What is the law that governs the law of property division?

Answer 6

Equitable Division Law

Question 7

What are the steps of property division?

Answer 7

1. Categorize all assets and liabilities couple owns into three categories
2. Give each own property and apply equitable factors to distribute marital property items
   (a) do not look at marital fault
   (b) distribute in kind or lump sum payment
   (c) longer marriage, closer to 50/50

Question 8

What is classed as separate property?

Answer 8

1. Assets owned prior to marriage
2. Gifts/inheritances received during marriage in SOLE name
3. Property parties agree to treat as separate
4. Personal injury compensation
5. Passive appreciation on separate property assets

Question 9

What are the five things that are considered marital property?

Answer 9

1. Everything not separate property owned by both, acquired by either or both, regardless of title
2. Deferred compensation, including stock options, if vested
3. Professional degree or license attained during marriage, discounted to present value
4. Gifts/inheritances received during marriage jointly (including wedding gifts)
5. Appreciation on separate property assets dur to labor during marriage