Property Division

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Separate & Community Property

When spouses divorce or legally separate in California, they are each entitled to their separate property and a half share of so-called community property.

property n. all assets and debts, including real property, retirement accounts, stocks, bonds, cash, business interests, intellectual property, household furnishings, and loans. separate property n. any property, and the rents and profits therefrom, acquired by one spouse (i) before marriage, (ii) after marriage through gift or inheritance, or (iii) through the exchange of other separate property (e.g. cash from sale of a house owned before marriage). The earnings and accumulations of one spouse after the date of separation are also the separate property of that spouse. community property n. any property acquired by either spouse between the date of marriage and the date of separation, excepting gifts, inheritances, and property acquired through the exchange of separate property (e.g. cash from the sale of a house owned before marriage). date of separation n. absent a statutory definition in California, generally the date on which the spouses separate with intent to end the marital relationship, either by one leaving the marital home or by agreeing to separate while sharing a residence without sexual relations.

Dividing Community Property

Identifying what’s separate property and what’s community property is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grandfather during her marriage remains her separate property whereas retire-
ment accounts funded during the marriage are community property and therefore subject to division.

For property as for other aspects of a marital settlement — child support, spousal support, and custody — you have a choice: You can either litigate, ultimately allowing a judge to decide who gets what, or you can settle your own division of community property. Our professional mediators help spouses achieve an equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Litigation

Unless your estate is extensive, you’ll likely have to liquidate much of it to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Community property litigation can also slow a divorce or legal separation while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are separate property and which are community property? How can we determine fair valuations for each item of community property? How should the community property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate property for an undivided interest in her (community property) company pension.
• Sale or liquidation. Some or all of the community estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain community property in exchange for yielding to the other party an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnishings.

Presuming you reach an agreement, your mediator will draft it as a Memorandum of Understanding (MoU). This document describes the property division along with other proposed aspects of your settlement in clear language. You can each review the MoU with your consultant attorneys and make any changes as necessary before a legally binding Marital Settlement Agreement is filed with the court for a judge’s approval.

[Divorce laws of California]

Separate & Community Property

When spouses divorce or legally separate in Arizona, they are each entitled to their separate property and a half share of so-called community property.

property n. all assets and debts, including real property, retirement accounts, stocks, bonds, cash, business interests, intellectual property, household furnishings, and loans. separate property n. any property, and the increase in rents and profits therefrom, acquired by one spouse before marriage or after marriage through gift or inheritance. The earnings and accumulations of one spouse after the date of service of a petition for dissolution of marriage, legal separation, or annulment are also the separate property of that spouse if the petition results in a decree of dissolution of marriage, legal separation, or annulment. community property n. any property acquired by either spouse between the date of marriage and the date of service of a petition for dissolution of marriage, legal separation, or annulment, excepting gifts and inheritances. date of separation n. absent a statutory definition in California, generally the date on which the spouses separate with intent to end the marital relationship, either by one leaving the marital home or by agreeing to separate while sharing a residence without sexual relations.

Dividing Community Property

Identifying what’s separate property and what’s community property is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grandfather during her marriage remains her separate property whereas at least a portion of any retirement accounts funded from either spouse’s income during the marriage will be community property and therefore subject to division.

For property as for other aspects of a marital settlement — child support, spousal maintenance, and custody — you have a choice: You can either litigate, ultimately allowing a judge to decide who gets what, or you can settle your own division of community property. Our professional mediators help spouses achieve an equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Litigation

Unless your estate is extensive, you’ll likely have to liquidate much of it to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Community property litigation can also slow a divorce or legal separation while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are separate property and which are community property? How can we determine fair valuations for each item of community property? How should the community property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate property for an undivided interest in her (community property) company pension.
• Sale or liquidation. Some or all of the community estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain community property in exchange for yielding to the other party an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnishings.

Presuming you reach an agreement, your mediator will draft it as a Memorandum of Understanding (MoU) or Marital Settlement Agreement (MSA).

[Divorce laws of Arizona]

Separate & Community Property

When spouses divorce or legally separate in New Mexico, they are each entitled to their separate property and a half share of so-called community property.

property n. all assets and debts, including real property, retirement accounts, stocks, bonds, cash, business interests, intellectual property, household furnishings, and loans. separate property n. property acquired by either spouse before marriage, after entry of a decree of dissolution of marriage or legal separation, or by gift or inheritance during the marriage. Property designated as separate property by a written agreement between the spouses is also designated as separate property. community property n. all property acquired by either spouse during the marriage that is not separate property.

Dividing Community Property

Identifying what’s separate property and what’s community property is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grandfather during her marriage remains her separate property whereas at least a portion of any retirement accounts funded from either spouse’s income during the marriage will be community property and therefore subject to division.

For property as for other aspects of a marital settlement — child support, spousal support, and custody — you have a choice: You can either litigate, allowing a judge to decide in this way, or you can settle your own division of marital property. Our professional mediators help spouses achieve an equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Litigation

Unless your estate is extensive, you’ll likely have to liquidate much of it to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Property litigation can also slow a divorce while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are community property and which are separate property? How can we determine fair valuations for each item of community property? How should the community property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate property for an undivided interest in her (community property) company pension.
• Sale or liquidation. Some or all of the community estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain community property in exchange for yielding to the other party an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnish-
  ings.

Presuming you reach an agreement, your mediator will draft it as a Marital Settlement Agreement or Memorandum of Understanding.

[Divorce laws of New Mexico]

Separate & Community Property

When spouses divorce or legally separate in Washington, they are each entitled to their separate property and a half share of so-called community property.

property n. all assets and debts, including real property, retirement accounts, stocks, bonds, cash, business interests, intellectual property, household furnishings, and loans. separate property n. property acquired by either spouse before marriage, after entry of a decree of dissolution of marriage or legal separation, or by gift or inheritance during the marriage. community property n. any property acquired by either spouse during the marriage, excepting gifts, inheritances.

Dividing Community Property

Identifying what’s separate property and what’s community property in Washington is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grandfather during her marriage remains her separate property whereas retirement accounts funded during the marriage are community property and therefore subject to division.

In most cases, the judge will award separate property to its associated spouse, and the presumption for division of community property is an equal share to each spouse. However, Washington provides few specific laws on how a judge must divide property as part of a dissolution of marriage, legal separation, or declaration of invalidity. Title 26, §09.80 requires that the disposition be “just and equitable” and consider “all relevant factors including, but not limited to” the following:

• The nature and extent of the community and the separate property.
• The duration of the marriage.
• The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse with whom the children reside the majority of the time.

A judge can, for example, consider property acquired while spouses were living together before marriage when determining an equitable property division. A judge may also consider any disparity in their earning power after the marriage.

Identifying what’s separate property and what’s community property is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grandfather during her marriage is her separate property whereas at least a portion of any retirement accounts funded from either spouse’s income during the marriage will be community property and therefore subject to division.

For property as for other aspects of a marital settlement — child support, spousal maintenance, and custody — you have a choice: You can either litigate, allowing a judge to decide in this way, or you can settle your own division of marital property. Our professional mediators help spouses achieve an equitable division that serves both their interests. Compare litigation with mediation and decide for your-
self which is the better way to divide your estate.

Litigation

Unless your estate is extensive, you’ll likely have to liquidate much of it to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Property litigation can also slow a divorce while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are community property and which are separate property? How can we determine fair valuations for each item of community property? How should the community property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate property for an undivided interest in her (community property) company pension.
• Sale or liquidation. Some or all of the community estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain community property in exchange for yielding to the other party an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnish-
  ings.

Presuming you reach an agreement, your mediator will draft it as a Marital Settlement Agreement or Memorandum of Understanding.

[Divorce laws of Washington]

Marital & Nonmarital Property

When spouses divorce or legally separate in Florida, they are each entitled to their non-marital property and an equitable share of marital property.

marital property n. property acquired and debts incurred by either spouse or jointly between the date of marriage and the cut-off date (see below), including the enhancement in value of non-marital assets resulting from the efforts of either spouse or the contribution of marital assets during the marriage; interspousal gifts during the marriage; all benefits accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans, including both vested and nonvested benefits; and all real property held by the parties as tenants by the entireties, whether acquired prior to or during the marriage. (If a party makes a claim that such real property is non-marital, the burden of proof is on the claimant.) non-marital property n. assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities; assets acquired separately by either party by noninterspousal gift or inheritance, and assets acquired in exchange for such assets; income derived from non-marital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital asset; assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties, and assets acquired and liabilities incurred in exchange for such assets and liabilities; and any liability incurred by forgery or unauthorized signature of one spouse signing for the other spouse unless ratified by the other spouse. cut-off date n. the earliest of (1) the date of filing a petition for dissolution of marriage, (2) the date of a valid separation agreement, or (3) any date mutually agreed by the spouses and recorded in their separation agreement.

Dividing Marital Property

Identifying what’s marital property and what’s non-marital property is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grand-
father during her marriage is her non-marital property (unless she gifted it to her husband), whereas at least a portion of any retirement accounts funded from either spouse’s income during the marriage will be marital property.

When a judge divides marital property, the division should be equal, unless the judge determines an unequal division is more equitable in light of the following:

• Contributions to the marriage by each spouse, including contributions to the care and education of children and services as homemaker.
• The economic circumstances of the parties.
• The duration of the marriage.
• Any interruption of careers or educational opportunities for either party.
• The contribution of one spouse to the other’s career or educational advancement.
• The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
• The contribution of each spouse to the production of income, the enhance-
  ment of marital and non-marital assets, and the reduction or incurring of both marital and non-marital liabilities.
• The desirability of retaining the marital home as a residence for any dependent child of the marriage.
• The intentional waste, or destruction of marital assets after the filing of the petition or within two years prior to filing.
• Any other factors relevant to equity and justice between the parties.

For property as for other aspects of a marital settlement — child support, alimony, and custody — you have a choice: You can either litigate, allowing a judge to decide in this way, or you can settle your own division of marital property. Our professional mediators help spouses achieve an equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Litigation

Unless your estate is extensive, you’ll likely have to liquidate much of it to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Property litigation can also slow a divorce while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are marital property and which are non-marital property? How can we determine fair valuations for each item of marital property? How should the marital property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate (non-marital) property for an undivided interest in her (marital property) company pension.
• Sale or liquidation. Some or all of the marital estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain marital property in exchange for yielding an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnishings.

Presuming you reach an agreement, your mediator will draft it as a Marital Settlement Agreement or Memorandum of Understanding.

[Divorce laws of Florida]

Separate and Community Property and Debts

When spouses divorce or legally separate in Texas, they are each entitled to their separate property and debts and an equitable share of so-called community (or marital) property and debts.

property n. all assets, including real property, retirement accounts, stocks, bonds, cash, business interests, intellectual property, household furnishings, and loans. debts n. all debts, including unsecured credit card debt, mortgage notes, loans, liens, tort liabilities, and other judgments. separate property n. property acquired by either spouse before marriage; after entry of a decree of dissolution of marriage; by gift or inheritance during the marriage; or from a recovery for personal injuries sustained by the spouse during marriage, except any portion of the recovery for loss of earnings. Property designated as separate property by a Marital Settlement Agreement (or other contract) between the spouses is also separate property. separate debts n. debts incurred by one spouse before the marriage; after entry of a decree of dissolution of marriage; during the marriage unless the debts were for necessary expenses, or the other spouse acted as an agent for the spouse who incurred the debt. Debts designated as separate by a Marital Settlement Agreement (or other contract) between the spouses are also designated as separated but are still subject to the rights of preexisting creditors. community property n. all property acquired by either spouse during the marriage that is not separate property. community debts n. debts incurred by either spouse during the marriage that are not separate debts.

Dividing Community Property and Debts

Identifying which property and debts are separate and which are community is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grandfather during her marriage remains her separate property whereas at least a portion of any retirement accounts funded from either spouse’s income during the marriage will be community property and therefore subject to division.

As with other aspects of a marital settlement — maintenance, child support, and parenting arrangements — you have a choice: You can either litigate, allowing a judge to decide the property division, or you can devise your own property settle-
ment. Our professional mediators help spouses achieve an equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Litigation

Spouses can litigate the division of their property, asking a judge to decide. The judge must consider many factors in determining an equitable division, including:

• Fault in the breakdown of the marriage.
• Any disparity in the spouses’ earning power and their ability to support themselves with reference to their health, education, employability, and separate property.
• Special needs of children in reference to each parent’s time share.

Unless your estate is extensive, you’ll likely have to liquidate much of it to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Property litigation can also slow a divorce while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are community property and which are separate property? How can we determine fair valuations for each item of community property? How should the community property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate property for an undivided interest in her (community property) company pension.
• Sale or liquidation. Some or all of the community estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain community property in exchange for yielding an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnishings.

Presuming you reach an agreement, your mediator will draft it as a Marital Settlement Agreement or Memorandum of Understanding.

[Divorce laws of Texas]

Marital & Separate Property

When spouses divorce or legally separate in New York, they are each entitled to their separate property and an equitable share of marital property.

marital property n. all property acquired by either or both spouses during the marriage and before execution of a separation agreement or commencement of a matrimonial action, regardless of the form in which title is held, except as otherwise provided in a properly recorded written agreement. Marital property does not include separate property as defined below. separate property n. assets acquired and liabilities incurred by either party prior to the marriage; assets acquired separately by either party by bequest, devise or descent, or gift from a party other than the spouse; property acquired in exchange for or the increase in value of separate property, except to the extent that such appreciation is due in part to the contribut- ions or efforts of the other spouse; property described as separate property by written agreement of the parties. cut-off date n. the date of filing an action for divorce or legal separation. With few exceptions, any property obtained after the cut-off is exempt from equitable distribution.

Dividing Marital Property

Identifying what’s marital property and what’s separate property is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grand-
father during her marriage is her separate property (unless she gifted it to her husband), whereas at least a portion of any retirement accounts funded from either spouse’s income during the marriage will be marital property.

When a judge divides marital property, the division is more likely to be equal (50/50) in long-term marriages (more than 20 years duration). In a shorter marriage (less than 10 years), a judge is more likely to divide marital property pro rata according to the relative earnings of the spouses. Meanwhile, in a very short marriage (just a few months), a judge may essentially restore to the spouses their respective property from just before the marriage.

That said, the existence of children of the marriage, concealment of assets by a spouse, dissipation of assets (e.g. through gambling or drug abuse), and expenditure on a paramour are causes for a judge to favor an alternative distribution as more equitable. Indeed, according to Article 13 §236 of the Domestic Relations Laws, the judge will consider all of the following factors when determining an equitable distribution of marital property:

• The income and property of each party at the time of marriage, and at the time of the commencement of the action.
• The duration of the marriage and the age and health of both parties.
• The need of a custodial parent to occupy or own the marital residence and to use or own its household effects.
• The loss of inheritance and pension rights upon dissolution of the marriage as of the date of dissolution.
• Any award of maintenance.
• Any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not having title, including joint efforts or expenditures and contributions and services as a spouse, parent, wage earner, and homemaker, and to the career or career potential of the other party.
• The liquid or non-liquid character of all marital property.
• The probable future financial circumstances of each party.
• The impossibility or difficulty of evaluating any component asset or any interest in a business, corporation or profession, and the economic desirability of retaining such asset or interest intact and free from any claim or interference by the other party.
• The tax consequences to each party.
• The wasteful dissipation of assets by either spouse.
• Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration.
• Any other factor that the court shall find to be just and proper.

For property as for other aspects of a marital settlement — child support, alimony, and custody — you have a choice: You can either litigate, allowing a judge to decide in this way, or you can settle your own division of marital property. Our professional mediators help spouses achieve an equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Litigation

Unless your estate is extensive, you’ll likely have to liquidate much of it to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Property litigation can also slow a divorce while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are marital property and which are separate? How can we determine fair valuations for each item of marital property? How should the marital property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate (non-marital) property for an undivided interest in her (marital property) company pension.
• Sale or liquidation. Some or all of the marital estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain marital property in exchange for yielding an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnishings.

Presuming you reach an agreement, your mediator will draft it as a Marital Separation Agreement or Memorandum of Understanding.

[Divorce laws of New York]

Marital & Separate Property

When spouses divorce or legally separate in New Jersey, they are each entitled to their separate non-marital property and an equitable share of marital property.

marital assets (and liabilities) n. all property (and debts) acquired by either or both spouses during the marriage and, in some cases, in contemplation of marriage, regardless of the form in which title is held, except property acquired through inheritance or gift. In addition, any increase in the value of an asset acquired before the marriage may be considered marital property if the increase results from direct action of the other spouse, although the asset itself will not be a marital asset. non-marital assets (and liabilities) n. in most cases, assets (and debts) each party held or acquired (i) prior to the marriage, (ii) after the divorce, (iii) during the marriage through transfer of assets acquired prior to the marriage, or (iv) during the marriage through gift or inheritance. cut-off date n. the date of filing an action for divorce. With few exceptions, any property obtained after the cut-off is exempt from equitable distribution.

Dividing Marital Property

Identifying what’s marital property and what’s separate property is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grand-
father during her marriage is her separate property (unless she gifted it to her husband), whereas at least a portion of any retirement accounts funded from either spouse’s income during the marriage will be marital property.

New Jersey courts generally undertake a three-step process in determining an equitable distribution of marital assets: (a) identify the marital (and separate) property in the estate; (b) value each asset and liability; (c) distribute the marital property in a fair manner in accordance with the Title 2A-34.23 statutes. The statute lists fifteen specific factors for consideration:

• The length of the marriage.
• The age and physical and emotional health of the parties.
• Any income or property brought into the marriage.
• The standard of living during the marriage.
• Any written agreement between the parties before or during the marriage concerning property distribution.
• The economic circumstances of each spouse at the time the division of property becomes effective.
• The income and earning capacity of each spouse.
• The contribution by each party to the education, training, or earning power of the other.
• The contribution of each party to the acquisition, dissipation, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker.
• Any tax implications of the proposed distribution to each party.
• The present value of the property.
• The need of a parent with physical custody of a child to own or occupy the family home and/or household items.
• The debts of the parties.
• The need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical or educational expenses for a spouse or children.
• The extent to which a party deferred fulfillment of his/her career goals.
• Any other factors the court deems relevant.

For property as for other aspects of a marital settlement — child support, alimony, and custody — you have a choice: You can either litigate, allowing a judge to decide in this way, or you can settle your own division of marital property. Our professional mediators help spouses achieve an equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Litigation

Unless your estate is extensive, you’ll likely have to liquidate much of it to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Property litigation can also slow a divorce while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are marital property and which are separate? How can we determine fair valuations for each item of marital property? How should the marital property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate (non-marital) property for an undivided interest in her (marital property) company pension.
• Sale or liquidation. Some or all of the marital estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain marital property in exchange for yielding an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnishings.

Presuming you reach an agreement, your mediator will draft it as a Marital Separation Agreement or Memorandum of Understanding.

[Divorce laws of New Jersey]

Marital & Non-Marital Property

When spouses divorce or legally separate in Illinois, they are each entitled to their non-marital property and an equitable distribution of marital property.

marital property n. all property acquired by either spouse after the marriage and before a judgment of dissolution of marriage or declaration of invalidity, including non-marital property transferred into some form of coownership between the spouses, regardless of the title in which the property is held. In addition, any increase in the value of an asset acquired before the marriage may be considered marital property if the increase results from personal effort of the other spouse, although the asset itself will not be a marital asset. non-marital property n. in most cases, assets (and debts) each party held or acquired (i) by gift or inheritance; (ii) in exchange for property acquired before the marriage; (iii) after a judgment of legal separation; (iv) by valid agreement of the parties; (v) by judgment; (vi) before the marriage. Non-marital property also includes the increase in value of property acquired by a foregoing method, and income from the property acquired by a method listed above, if the income is not attributable to the personal effort of a spouse.

Dividing Marital Property

Identifying what’s marital property and what’s non-marital property is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grand-
father during her marriage is her separate non-marital property (unless she gifted it to her husband), whereas at least a portion of any retirement accounts funded from either spouse’s income during the marriage will be marital property.

Illinois courts generally undertake a three-step process in determining an equitable distribution of marital assets: (a) identify the marital (and non-marital) property in the estate; (b) value each asset and liability; (c) distribute the marital property in a fair manner in accordance with the Part V §503 of the Illinois statutes. The statute lists multiple factors for consideration, including:

• The contribution of each party to the acquisition, preservation, or increase or decrease in value of the marital or non-marital property, including (i) any such decrease attributable to a payment deemed to have been an advance from the parties’ marital estate under subsection (c-1)(2) of Section 501, and (ii) the contribution of a spouse as a homemaker or to the family unit.
• The dissipation by each party of the marital or non-marital property
• The value of the property assigned to each spouse.
• The duration of the marriage.
• The relevant economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having custody of the children.
• Any obligations and rights arising from a prior marriage of either party.
• Any antenuptial agreement of the parties.
• The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties.
• The custodial provisions for any children.
• Whether the apportionment is in lieu of or in addition to maintenance.
• The reasonable opportunity of each spouse for future acquisition of capital assets and income.
• The tax consequences of the property division upon the respective economic circumstances of the parties.

For property as for other aspects of a marital settlement — child support, maintenance, and custody — you have a choice: You can either litigate, allowing a judge to decide in this way, or you can settle your own division of marital property. Our professional mediators help spouses achieve an equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Litigation

Unless your estate is extensive, you’ll likely have to liquidate much of it to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Property litigation can also slow a divorce while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are marital property and which are non-marital? How can we determine fair valuations for each item of marital property? How should the marital property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate (non-marital) property for an undivided interest in her (marital property) company pension.
• Sale or liquidation. Some or all of the marital estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain marital property in exchange for yielding an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnishings.

Presuming you reach an agreement, your mediator will draft it as a Marital Separation Agreement or Memorandum of Understanding.

[Divorce laws of Illinois]

Marital & Separate Property

When spouses divorce or legally separate in Michigan, they are each entitled to their separate property and an equitable share of marital property. That said, separate property may also be subject to judicial distribution if the marital property to be divided is insufficient. Furthermore, lump-sum distribution of property may also be a means to provide spousal support as an alternative to periodic payments.

marital property n. property accumulated through the joint efforts of the parties during the marriage. Marital property includes any assets earned up to the date of judgment (even if received after the judgment) as well as any increase in the value of separate property that may have occurred between the beginning and the end of the marriage if by active involvement of the other spouse. separate property n. assets acquired by either party prior to the marriage (including while cohabiting); property received via inheritance (if kept separate from marital property); increases in the value of a separate asset that are the result of passive appreciation (for example, money market interest); and pain and suffering awards. marital debts n. with few exceptions (see separate debts below), debts accumulated by either spouse during the marriage. separate debts n. debts incurred before or after the marriage, and potentially any debts incurred during the marriage for separate purposes (i.e. not for the good of the household) without the express or implied consent of the non-debtor spouse.

Dividing Marital Property

Identifying what’s marital property and what’s separate property is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grand-
father during her marriage is her separate property (unless she gifted it to her husband), whereas at least a portion of any retirement accounts funded from either spouse’s income during the marriage will be marital property.

When a court divides marital property, the judge has great discretion to decide the issue of equitable distribution. In so doing, he/she will consider many factors including:

• Duration of the marriage.
• Contribution of the parties to the marital estate.
• Age of the parties.
• Lifestyle and status of the parties.
• Necessities and circumstances of the parties.
• Past relations and conduct of the parties.
• General principles of equity.

For property as for other aspects of a marital settlement — child support, spousal support, and custody — you have a choice: You can either litigate, allowing a judge to decide in this way, or you can settle your own division of marital property. Our professional mediators help spouses achieve an equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Litigation

Unless your estate is extensive, you’ll likely have to liquidate much of it to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Property litigation can also slow a divorce while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are marital property and which are separate? How can we determine fair valuations for each item of marital property? How should the marital property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate property for an undivided interest in her (marital property) company pension.
• Sale or liquidation. Some or all of the marital estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain marital property in exchange for yielding an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnishings.

Presuming you reach an agreement, your mediator will draft it as a Marital Separation Agreement or Memorandum of Understanding.

[Divorce laws of Michigan]

Marital & Non-Marital Property

When spouses pursue an action for divorce or annulment in Pennsylvania, they are each entitled to their non-marital property and an equitable distribution of marital property.

marital property n. in most cases, property acquired by either party during the marriage without regard to title. However, marital property does not generally include property acquired (i) in exchange for property acquired prior to the marriage, (ii) after separation until the date of the divorce (except for property acquired in exchange for marital assets), and (iii) by inheritance or gift. non-marital property n. in most cases, pre-marital property (i.e. property acquired before the marriage), property excluded by prenuptial agreement, any gifts and inheritances, and property acquired after the date of separation. date of separation n. the date upon which the parties no longer live separate and apart. Notably, spouses may be separate and apart while living in the residence. In this way, “separate and apart” pertains to “the cessation of cohabitation,” whereby cohabitation is “the mutual assumption of those rights and duties attendant to the right of husband and wife”.

Dividing Marital Property

Identifying what’s marital property and what’s non-marital property is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grand-
father during her marriage is her separate non-marital property (unless she gifted it to her husband), whereas at least a portion of any retirement accounts funded from either spouse’s income during the marriage will be marital property.

Pennsylvania courts generally undertake a three-step process in determining an equitable distribution of marital assets: (a) identify the marital (and non-marital) property in the estate; (b) value each asset and liability; (c) distribute the marital property in a fair manner in accordance with §3502 of the Pennsylvania Domestic Relations Code (Title 23). The statute lists multiple factors for consideration, includ-
ing:

• The length of the marriage.
• Any prior marriage of either party.
• The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties.
• The contribution by one party to the education, training, or increased earning power of the other party.
• The opportunity of each party for future acquisitions of capital assets and income.
• Sources of income of both parties, including, but not limited to, medical, retirement, insurance, or other benefits.
• The contribution or dissipation of each party in the acquisition, preservat-
  ion, depreciation, or appreciation of the marital property, including the contribution of a party as homemaker.
• The value of the property set apart to each party.
• The standard of living of the parties established during the marriage.
• The economic circumstances of each party, including Federal, State, and local tax ramifications, at the time the division of property is to become effective.
• Whether the party will be serving as the custodian of any dependent minor children.

For property as for other aspects of a marital settlement — child support, alimony/spousal support, and custody — you have a choice: You can either litigate, allowing a judge to decide in this way, or you can settle your own division of marital property. Our professional mediators help spouses achieve an equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Litigation

Unless your estate is extensive, you’ll likely have to liquidate much of it to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Property litigation can also slow a divorce while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are marital property and which are non-marital? How can we determine fair valuations for each item of marital property? How should the marital property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate (non-marital) property for an undivided interest in her (marital property) company pension.
• Sale or liquidation. Some or all of the marital estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain marital property in exchange for yielding an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnishings.

Presuming you reach an agreement, your mediator will draft it as a Marital Separation Agreement or Memorandum of Understanding.

[Divorce laws of Pennsylvania]

Marital & Separate Property

Spouses who divorce, dissolve a marriage, or legally separate in Ohio are each entitled to their separate property and a share of marital property. The state requires that, when a court divides marital property, the division must be equal unless such a division would be inequitable, in which case the court must divide the property equitably instead of equally.

marital property n. property currently owned by either spouse or both spouses and that was acquired by either or both of the spouses during the marriage, including retirement interests. Marital property also includes income and appreciation on separate property (see below) due to the labor, monetary, or in-kind contribution of either or both of the spouses that occurred during the marriage. (Ohio Revised Code §3105.171) separate property n. (i) an inheritance by one spouse during the course of the marriage; (ii) a property interest by one spouse prior to the date of the marriage; (iii) passive income and appreciation acquired from separate property by one spouse during the marriage; (iv) any property interest acquired by one spouse after a decree of legal separation; (v) any property interest excluded by a valid antenuptial agreement; (vi) compensation to a spouse for a personal injury, except for loss of marital earnings and compensation for expenses paid from marital assets; (vii) any gift made after the date of the marriage and proven by clear and convincing evidence to have been given to only one spouse. Note: In Ohio, the commingling of separate property with other property of any type does not destroy the identity of the separate property as separate property, except when the separate property is not traceable (Ohio Revised Code §3105.171).

Dividing Marital Property

Identifying what’s marital property and what’s separate property is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grand-
father during her marriage is her separate property (unless she gifted it to her husband), whereas at least a portion of any retirement accounts funded from either spouse’s income during the marriage will be marital property.

When a judge divides marital property, the division should be equal, unless the judge determines an unequal division is more equitable in light of the following:

• The duration of the marriage.
• The assets and liabilities of the spouses.
• The desirability of awarding the family home, or the right to reside in the family home for reasonable periods of time, to the spouse with custody of the children of the marriage.
• The liquidity of the property to be distributed.
• The economic desirability of retaining intact an asset or an interest in an asset.
• The tax consequences of the property division upon the respective awards to be made to each spouse.
• The costs of sale, if it is necessary that an asset be sold to effectuate an equitable distribution of property.
• Any division or disbursement of property made in a separation agreement that was voluntarily entered into by the spouses.
• Any retirement benefits of the spouses, excluding the social security benefits of a spouse except as may be relevant for purposes of dividing a public pension.
• Any other factor that the court expressly finds to be relevant and equitable.

For property as for other aspects of a marital settlement — child support, spousal support, and custody — you have a choice: You can either litigate, allowing a judge to decide the issue, or you can settle your own division of marital property. Our professional mediators help spouses achieve an equal or equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Litigation

Unless your estate is extensive, you’ll likely have to liquidate much of it to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Property litigation can also slow a divorce while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are marital property and which are separate property? How can we determine fair valuations for each item of marital property? How should the marital property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate property for an undivided interest in her (marital property) company pension.
• Sale or liquidation. Some or all of the marital estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain marital property in exchange for yielding an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnishings.

Presuming you reach an agreement, your mediator will draft it as a Marital Settlement Agreement or Memorandum of Understanding.

[Divorce laws of Ohio]

When spouses divorce in Massachusetts, they can either devise their own property settlement or ask the court to order an equitable distribution according to the principles in the Massachusetts General Laws, Chapter 208, §34.

Property Division by a Judge

In considering each of the factors in §34, the judge has broad discretion over the weight of each factor and hence over the total distribution of property awarded to each spouse. Unlike in many states, where non-marital (separate) property (for example, property acquired by a spouse before the marriage) is not typically subject to division, Massachusetts allows judges to divide all property — wherever, whenever, and however acquired.

In consequence, property division by courts in Massachusetts is particularly difficult to predict. For long-term marriages (more than twenty years) in which one spouse was a home-maker, the court may be more likely to favor an equal division of property. And in short-term marriages without children, the court may favor divisions that restore to spouses, as nearly as possible, the property they each had before the marriage. But again, the division is on a case-by-case basis and may be quite unpredictable.

The property division factors are almost the same as those indicated for alimony in Massachusetts:

• The length of the marriage.
• The conduct of the parties during the marriage (if the grounds for divorce are fault-based).
• The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of the spouses.
• The opportunity of each spouse for further acquisition of capital assets and income.
• The present and future needs of any dependent children of the marriage.
• The contribution of each spouse to the acquisition, preservation, or appreciation in value of any property, including the contribution of each spouse as homemaker.
• The contribution of each spouse as a homemaker to the family unit.

Unless your estate is extensive, you’ll likely have to liquidate much of it to pay your respective attorneys in divorce litigation over property. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Property litigation can also slow a divorce while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

For property as for other aspects of a marital settlement — child support, alimony, and custody — you have a choice: You can either litigate, allowing a judge to decide in this way, or you can settle your own division of property. Our professional mediators help spouses achieve an equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are appropriately considered as marital property and which are non-marital (separate) property? How can we determine fair valuations for each item of marital property? How should the marital property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout.One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate (non-marital) property from before the marriage for an undivided interest in her (marital property) retirement account accumulated during the marriage.
• Sale or liquidation. Some or all of the estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain marital property in exchange for yielding an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnishings.

Presuming you reach an agreement, your mediator will draft it as a Marital Separation Agreement or Memorandum of Understanding.

[Divorce laws of Massachusetts]

Marital & Separate Property

Spouses who divorce or obtain a decree of separate maintenance in Georgia are each entitled to their separate property and a share of marital property. The state requires that, when a court divides marital property, the division must be equitable (though not necessarily equal).

marital property (and debts) n. all property (and debts) that is not separate property (see below). Marital property includes property and property interests acquired during the marriage, regardless of how it is titled, except gifts from third parties and inheritances. If property belonging to one spouse before the marriage undergoes improvement during the marriage, the additional value of that property is also subject to equitable division. separate property (and debts) n. (i) property (and debts) acquired before marriage; (ii) property acquired through inheritance; (iii) property acquired by gift from a third party (i.e. excluding a gift from one spouse to the other that was purchased using marital property); (iv) all other property directly traceable to any of these sources; and (v) property agreed as separate through an enforceable contract between the spouses.

Dividing Marital Property

Identifying what’s marital property and what’s separate property is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grand-
father during her marriage is her separate property (unless she gifted it to her husband), whereas at least a portion of any retirement accounts funded from either spouse’s income during the marriage will be marital property.

In determining an equitable division of marital property, the judge should consider the following:

• Standard of living during marriage.
• Earning capacities of the spouses.
• The education and vocational skills of the spouses.
• Current income of the spouses.
• Age and heath of the spouses.
• Assets, debts, and liabilities of the spouses.
• Needs of each of the spouses.
• Provisions for the custody of minor children.
• Each spouse’s contribution to the acquisition of existing marital assets.
• Each spouse’s enhancement of the value of existing marital assets.
• Whether either spouse has dissipated or diminished the value of the martial assets by wrongful conduct.

For property as for other aspects of a marital settlement — child support, spousal support, and custody — you have a choice: You can either litigate, allowing a judge to decide the issue, or you can settle your own division of marital property. Our professional mediators help spouses achieve an equal or equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Litigation

When a judge decides on the divison of marital property, he/she can only transfer from one spouse to another one-half of a retirement plan, benefit package, pension, or profit-sharing plan. In order to achieve an equitable division, however, the judge can order a monetary award to one spouse to compensate for the other party keeping other items of property. The other party may then elect to liquidate some or all of those assets in order to fulfill the obligation of the order.

Unless your estate is extensive, you’ll likely have to liquidate much of it just to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Property litigation can also slow a divorce while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are marital property and which are separate property? How can we determine fair valuations for each item of marital property? How should the marital property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate property for an undivided interest in her (marital property) company pension.
• Sale or liquidation. Some or all of the marital estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain marital property in exchange for yielding an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnishings.

Presuming you reach an agreement, your mediator will draft it as a Marital Settlement Agreement or Memorandum of Understanding.

[Divorce laws of Georgia]

Marital & Separate Property

Spouses who divorce or obtain a divorce in North Carolina are each entitled to their separate property and a share of marital property (including divisible property, as described below). When a court divides marital property, the division must be equal unless such a division would be inequitable, in which case the court must divide the property equitably instead of equally.

marital property n. all real and personal property acquired during the marriage and before the date of separation, and presently owned, except property determined to be separate property or divisible property. Real estate held in joint title and purchased using separate property funds is also marital property. And a gift from one spouse to the other during the marriage is marital property unless the donor states at the time of its conveyance that the gift is to be separate property. separate property n. property owned before the marriage, inherited property, income from separate property, property obtained in exchange for separate property, gifts (except as above), and property acquired after the date of separation with post-separation earnings. divisble property n. post-separation increases and decreases in marital property, property received after the date of separation that was acquired through the marital efforts of either spouse before the date of separation, passive income generated by marital property and received after the date of separation, and post-separation increases in marital debt. In many ways, divisible property is treated as marital property. However, whereas marital property is valued by a court on the data of separation, divisible property is appropriately valued on the date of trial. date of separation n. the date that a husband and wife move into separate residences with the intent to continue living apart. After a period of cohabitation pursuant to a prior separation, the date of separation is rendered void. A subsequent date of separation may be established pursuant to a subsequent separation of the spouses.

Dividing Marital Property

Identifying what’s marital property (including divisible property) and what’s separate property is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grandfather during her marriage is her separate property (unless she gifted it to her husband), whereas at least a portion of any retirement accounts funded from either spouse’s income during the marriage will be marital property.

In determining an equitable division of marital property, the judge must consider numerous factors identified in Chapter 50 §20 of the North Carolina General Statutes, including the following:

• The income, property, and liabilities of each party at the time the division of property is to become effective.
• Any obligation for support arising out of a prior marriage.
• The duration of the marriage and the age and physical and mental health of both parties.
• The need of a parent with custody of a child of the marriage to occupy or own the marital residence and to use or own its household effects.
• The expectation of pension, retirement, or other deferred compensation rights that are not marital property.
• Any direct or indirect contribution made by one spouse to help educate or develop the career potential of the other spouse.
• Any direct contribution to an increase in value of separate property which occurs during the course of the marriage.
• The liquid or nonliquid character of marital and divisible property.
• The difficulty of evaluating any component asset or any interest in a business, corporation or profession, and the economic desirability of retaining such asset or interest, intact and free from any claim or interference by the other party.
• The tax consequences to each party
• Acts of either party to maintain, preserve, develop, or expand — or to waste, neglect, devalue, or convert — the marital or divisible property after the date of separation and before the time of distribution.
• Any other factor which the court finds to be just and proper.

For property as for other aspects of a marital settlement — child support, alimony, and custody — you have a choice: You can either litigate, allowing a judge to decide the issue, or you can settle your own division of marital property. Our professional mediators help spouses achieve an equal or equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Litigation

Unless your estate is extensive, you’ll likely have to liquidate much of it just to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Property litigation can also slow a divorce while spouses squabble over valuations and rightful owner-
ship. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are marital property, which are divisible propert, and which are separate? How can we determine fair valuations for each item of marital and divisible property? How should this property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate property for an undivided interest in her (marital property) company pension.
• Sale or liquidation. Some or all of the marital estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain marital property in exchange for yielding an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnishings.

Presuming you reach an agreement, your mediator will draft it as a Separation Agreement or Memorandum of Understanding.

[Divorce laws of North Carolina]

Marital & Separate Property

When spouses divorce or legally separate in Virginia, they are each entitled to their separate non-marital property and an equitable share of marital property.

marital property n.  for the most party, (i) property titled in the names of both parties; and (ii) property acquired by each party during the marriage that is not separate property. All property acquired by either spouse during the marriage, and before the last separation of the parties, if at such time or thereafter at least one of the parties intends that the separation be permanent, is presumed marital property in the absence of satisfactory evidence to the contrary. separate property n. (i) property acquired by either party before the marriage; (ii) property acquired during the marriage by inheritance or gift (except for inter-spousal gifts); (iii) property acquired during the marriage from the sale or exchange of separate property, provided that such property acquired during the marriage is maintained as separate property; and (iv) that part of any property classified as separate property. Income received from separate property during the marriage is separate property if not attributable to the personal effort of either party. The increase in value of separate property during the marriage is also separate property, unless marital property or significant personal efforts of either party have contributed to substantial increases and then only to the extent of the increases in value attributable to such contributions. hybrid property n. property that may have been separate or marital when acquired, but has since been transmuted into part-marital and part-separate. For example, a home brought into the marriage by one spouse (separate property) whose mortgage was paid down during the marriage with income earned by either spouse (marital property) will likely comprise equity that is part-marital and part-separate property on the date of separation. date of separation n. generally, in the case of no-fault divorces, the date on which the spouses separate with intent to end the marital relationship, living separate and apart continuously without cohabitation.

Dividing Marital Property

Identifying what’s marital property (including the marital portion of any hybrid property) and what’s separate property is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grandfather during her marriage is her separate property (unless she gifted it to her husband), whereas at least a portion of any retirement accounts funded from either spouse’s income during the marriage will be marital property.

Virginia courts generally undertake a three-step process in determining an equitable distribution of marital property: (a) identify the marital (and separate) property in the estate; (b) value each asset and liability; (c) distribute the marital property in a fair manner in accordance with the Title 20 §107.3E, which identifies the following considerations:

• The contributions, monetary and non-monetary, of each party to the well-being of the family.
• The contributions, monetary and non-monetary, of each party in the acquisition and care and maintenance of such marital property of the parties.
• The duration of the marriage.
• The ages and physical and mental condition of the parties.
• The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce.
• How and when specific items of such marital property were acquired.
• The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for such debts and liabilities.
• The liquid or non-liquid character of all marital property.
• The tax consequences to each party.
• The use or expenditure of marital property by either of the parties for a non-marital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties.
• Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.

For property as for other aspects of a marital settlement — child support, alimony, and custody — you have a choice: You can either litigate, allowing a judge to decide in this way, or you can settle your own division of marital property. Our professional mediators help spouses achieve an equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Litigation

Unless your estate is extensive, you’ll likely have to liquidate much of it to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Property litigation can also slow a divorce while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are marital property and which are separate? How can we determine fair valuations for each item of marital property? How should the marital property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate (non-marital) property for an undivided interest in her (marital property) company pension.
• Sale or liquidation. Some or all of the marital estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain marital property in exchange for yielding an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnishings.

Presuming you reach an agreement, your mediator will draft it as a Marital Separation Agreement or Memorandum of Understanding.

[Divorce laws of Virginia]

Marital & Separate Property

Spouses who dissolve a marriage or legally separate in Indiana are each entitled to their separate property and a share of marital property. Title 31, Article 15, Chapter 7 of the Indiana Code requires that, when a court divides marital property, the division must be equal unless such a division would be inequitable, in which case the court must divide the property equitably instead of equally.

marital property n. all property (and debts) (i) owned by either spouse before the marriage; (ii) acquired by either spouse in his or her own right after the marriage or before final separation of the parties; and (iii) acquired by the spouses’ joint efforts. separate property n. the definition of marital property notwithstanding, the court may (but is not obligated to) recognize as separate any property (and debts) acquired before the marriage or after filing an action for dissolution of marriage or legal separation. Inheritances (when kept separate), gifts from third parties, and compensation awards for personal injury actions may also be treated as separate. However, the concept of separate property is generally less relevant in Indiana.

Dividing Marital Property

Identifying what’s marital property and what’s separate property is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grand-
father during her marriage is her separate property (unless she gifted it to her husband), whereas at least a portion of any retirement accounts funded from either spouse’s income during the marriage will be marital property.

When a judge divides marital property, the division should be equal, unless either spouse demonstrates that an unequal division is more equitable in light of the following:

• The contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing.
• The extent to which the property was acquired by each spouse before the marriage or through inheritance or gift.
• The economic circumstances of each spouse, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the court considers just to the spouse having custody of any children.
• The conduct of the parties during the marriage as related to the disposition or dissipation of their property.
• The earnings or earning ability of the parties as related to a final division of property and a final determination of the property rights of the parties.

The court has discretion to consider the tax consequences of a property division. And when insufficient property is available for allocation to a deserving spouse, the court can make a monetary award for that spouse’s post-secondary education.

For property as for other aspects of a marital settlement — child support, spousal maintenance, and custody — you have a choice: You can either litigate, allowing a judge to decide the issue, or you can settle your own division of marital property. Our professional mediators help spouses achieve an equal or equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Litigation

Unless your estate is extensive, you’ll likely have to liquidate much of it to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Property litigation can also slow a divorce while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are marital property and which are separate property? How can we determine fair valuations for each item of marital property? How should the marital property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate property for an undivided interest in her (marital property) company pension.
• Sale or liquidation. Some or all of the marital estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain marital property in exchange for yielding an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnishings.

Presuming you reach an agreement, your mediator will draft it as a Marital Settlement Agreement or Memorandum of Understanding.

[Divorce laws of Indiana]

Marital & Separate Property

Spouses who divorce in Tennessee are each entitled to their separate property and a share of marital property. (A decree of legal separation may also result in orders for property division. However, the court can defer distribution of some or all of the marital property until a later date, assigning property on a temporary basis in the meantime.) Title 36, Chapter 4, §121 of the Tennessee Code requires that, when a court divides marital property, the ensuing division be equitable, but not necessarily equal.

marital property n. for the most part, any property acquired by either spouse or both spouses between the date of marriage and the date of the final hearing that is owned by either or both spouses as of the date of filing the action. In this way, property acquired by either spouse after separating can be treated as marital property by the court. marital debts n. debts incurred during the marriage up to the date of the final divorce hearing for the joint benefit of the parties or for the acquisition of marital property. separate property n. (i) all property owned by a spouse before the marriage; (ii) property acquired in exchange for property acquired before the marriage; (iii) income from and appreciation of property owned by a spouse before the marriage except when marital property; (iv) property acquired by a spouse at any time via gift or inheritance; (v) pain and suffering awards, victim-of-crime compensation awards, future medical expenses, and future lost wages; and (vi) property acquired by a spouse after an order of legal separation where the court has made a final disposition of property. separate debts n. all debts that are not marital debts.

Dividing Marital Property

Identifying what’s marital property and what’s separate property is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grand-
father during her marriage is her separate property (unless she gifted it to her husband), whereas at least a portion of any retirement accounts funded from either spouse’s income during the marriage will be marital property.

When a judge divides marital property, the Tennessee Code specifies consideration of the following factors in determining an equitable distribution:

• The duration of the marriage.
• The age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities and financial needs of each of the parties.
• The contribution by one party to the education, training or increased earning power of the other.
• The relative ability of each party for future acquisitions of capital assets and income.
• The contribution of each party to the acquisition, preservation, appreciation, depreciation. or dissipation of the marital or separate property, including the contribution of a party to the marriage as homemaker, wage earner, or parent, with the contribution of a party as homemaker or wage earner to be given the same weight if each party has fulfilled its role.
• The value of the separate property of each party.
• The estate of each party at the time of the marriage.
• The economic circumstances of each party at the time the division of property is to become effective.
• The tax consequences to each party, costs associated with the reasonably foreseeable sale of the asset, and other reasonably foreseeable expenses associated with the asset.
• The amount of social security benefits available to each spouse.
• Such other factors as are necessary to consider the equities between the parties.

For property as for other aspects of a marital settlement — child support, alimony, and custody — you have a choice: You can either litigate, allowing a judge to decide the issue, or you can settle your own division of marital property. Our professional mediators help spouses achieve an equal or equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Litigation

Unless your estate is extensive, you’ll likely have to liquidate much of it to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Property litigation can also slow a divorce while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are marital property and which are separate property? How can we determine fair valuations for each item of marital property? How should the marital property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate property for an undivided interest in her (marital property) company pension.
• Sale or liquidation. Some or all of the marital estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain marital property in exchange for yielding an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnishings.

Presuming you reach an agreement, your mediator will draft it as a Marital Dissolution Agreement or Memorandum of Understanding.

[Divorce laws of Tennessee]

Marital & Non-Marital Property

When spouses divorce or legally separate in Missouri, they are each entitled to their non-marital property and an equitable distribution of marital property.

marital property n. all property acquired by either spouse, regardless of title, subsequent to the marriage except (i) property acquired by gift or inheritance; (ii) property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift or inheritance; (iii) property acquired by a spouse after a decree of dissolution or legal separation; (iv) property excluded by valid written agreement of the parties; and (v) the increase in value of property acquired prior to the marriage unless marital assets, including labor, have contributed to such increase and then only to the extent of such contributions. non-marital property n. in most cases, any property that is not marital property. Property that would otherwise be non-marital property shall not be marital property solely because it may have been commingled with marital property.

Dividing Marital Property

Identifying what’s marital property and what’s non-marital property is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grand-
father during her marriage is her separate non-marital property (unless she gifted it to her husband), whereas at least a portion of any retirement accounts funded from either spouse’s income during the marriage will be marital property.

Missouri courts generally undertake a three-step process in determining an equitable division of marital property: (a) identify the marital (and non-marital) property in the estate; (b) value each asset and liability; (c) distribute the marital property in a fair manner in accordance with Chapter 452 §330 of the Missouri Revised Statutes. The section lists multiple factors for consideration, including:

• The economic circumstances of each spouse at the time the division of property becomes effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children.
• The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker.
• The value of the non-marital property set apart to each spouse.
• The conduct of the parties during the marriage.
• Custodial arrangements for minor children.

For property as for other aspects of a marital settlement — child support, mainten-
ance, and custody — you have a choice: You can either litigate, allowing a judge to decide in this way, or you can settle your own division of marital property. Our professional mediators help spouses achieve an equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Litigation

Unless your estate is extensive, you’ll likely have to liquidate much of it to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Property litigation can also slow a divorce while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are marital property and which are non-marital? How can we determine fair valuations for each item of marital property? How should the marital property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate (non-marital) property for an undivided interest in her (marital property) company pension.
• Sale or liquidation. Some or all of the marital estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain marital property in exchange for yielding an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnishings.

Presuming you reach an agreement, your mediator will draft it as a Marital Separation Agreement or Memorandum of Understanding.

[Divorce laws of Missouri]

Marital & Separate Property

Spouses who divorce or obtain an absolute divorce in Maryland are each entitled to their separate property and a share of marital property (and marital debt). The state requires that, when a court divides marital property, the distribution must be equitable (though not necessarily equal).

marital property n. all property, however titled, acquired by either one or both parties during the marriage. Marital property includes any interest in real property held by the parties as tenants by the entirety unless the real property is excluded by valid agreement. Marital property does not include separate property (see below). marital debts n. a debt that is directly traceable to the acquisition of marital property. separate property n. all property (i) acquired before the marriage; (ii) acquired by inheritance or gift from a third party; (iii) excluded by valid agreement; or (iv) directly traceable to any of these sources. separate debts n. all debts (i) acquired before the marriage or directly traceable to a pre-marital debt; or (ii) excluded by valid agreement.

Dividing Marital Property

Identifying what’s marital property (including marital debt) and what’s separate property is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grandfather during her marriage is her separate property (unless she gifted it to her husband), whereas at least a portion of any retirement accounts funded from either spouse’s income during the marriage will be marital property.

In determining an equitable distribution of marital property, the judge should consider the following:

• Monetary and non-monetary contributions to the well-being of the family.
• The value of all property interests of each party.
• The economic circumstances of each party when the award is to be made.
• The circumstances that contributed to the estrangement of the parties.
• The age and physical and mental condition of each party.
• How and when marital property or interest in property was acquired.
• Any award of alimony and any award or other provision made by the court with respect to family use of personal property or the family home.
• Any other factor that the court considers appropriate to a fair and equitable marital property distribution, including tax consequences.

Although the Maryland courts can order a transfer of an ownership interest in a retirement plan from one party to the other, the court cannot order a transfer of title of real estate or other personal property. The court can, however, order use and possession of the family home, which it may grant to a custodial parent for up to three years.

To help ensure that any ensuing property distribution is still equitable, a judge can make a monetary award from one spouse to the other to counterbalance any un-
fairness in the actual property distribution. The monetary award thereby compen-
sates a spouse who holds title to less than an equitable portion of property, and may force the other spouse to liquidate some of his/her marital or separate property in order to comply with the award.

For property as for other aspects of a marital settlement — child support, alimony, and custody — you have a choice: You can either litigate, allowing a judge to decide the issue, or you can settle your own division of marital property. Our professional mediators help spouses achieve an equal or equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Litigation

Unless your estate is extensive, you’ll likely have to liquidate much of it just to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Property litigation can also slow a divorce while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are marital property and which are separate property? How can we determine fair valuations for each item of marital property? How should the marital property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate property for an undivided interest in her (marital property) company pension.
• Sale or liquidation. Some or all of the marital estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain marital property in exchange for yielding an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnishings.

Presuming you reach an agreement, your mediator will draft it as a Marital Settlement Agreement or Memorandum of Understanding.

[Divorce laws of Maryland]

Marital & Non-Marital Property

When spouses divorce, legally separate, or end a domestic partnership in the District of Columbia, they are each entitled to their separate property and an equitable (though not necessarily equal) share of marital property.

marital property (and debts) n. all property (and debts) acquired by either spouse after the date of marriage (or formation of a domestic partnership), regardless of the title in which the property is held. In addition, any real estate held in both parties’ names is marital property, regardless of when it was acquired. Otherwise separate property may also be subject to division as marital property if either the property or its income has been used for the common benefit of the parties during the marriage. separate property (and debts) n. in most cases, assets (and debts) each party held or acquired (i) before the date of marriage (or domestic partnership); (ii) by gift or inheritance; or (iii) in exchange for property acquired before the marriage (or domestic partnership). Any increase in the value of separate property during the marriage (or domestic partnership) is also separate property.

Dividing Marital Property

Identifying what’s marital property and what’s non-marital property is the easy part in most cases. For example, the wife’s Steinway piano inherited from her grand-
father during her marriage is her separate non-marital property (unless she gifted it to her husband), whereas at least a portion of any retirement accounts funded from either spouse’s income during the marriage will be marital property.

District of Columbia courts generally undertake a three-step process in determ­in­ing an equitable distribution of marital assets: (a) identify the marital (and non-marital) property in the estate; (b) value each asset and liability; (c) distribute the marital property in a fair manner in accordance with the Title 16, Chapter 9, §910 of the Columbia Offical Code. The statute lists multiple factors for consideration:

• The duration of the marriage or domestic partnership.
• The age, health, occupation, amount, and sources of income, vocational skills, employability, assets, debts, and needs of each of the parties.
• Provisions for the custody of minor children.
• Whether the distribution is in lieu of or in addition to alimony.
• Each party’s obligation from a prior marriage, a prior domestic partnership, or for other children.
• The opportunity of each party for future acquisition of assets and income.
• Each party’s contribution as a homemaker or otherwise to the family unit.
• Each party’s contribution to the education of the other party which enhanced the other party’s earning ability.
• Each party’s increase or decrease in income as a result of the marriage, the domestic partnership, or duties of homemaking and child care.
• Each party’s contribution to the acquisition, preservation, appreciation, dissipation, or depreciation in value of the assets which are subject to distribution, the taxability of these assets, and whether the asset was acquired or the debt incurred after separation.
• The effects of taxation on the value of the assets subject to distribution.
• The circumstances that contributed to the estrangement of the parties.

For property as for other aspects of a marital settlement — child support, alimony, and custody — you have a choice: You can either litigate, allowing a judge to decide in this way, or you can settle your own division of marital property. Our professional mediators help spouses achieve an equitable division that serves both their interests. Compare litigation with mediation and decide for yourself which is the better way to divide your estate.

Litigation

Unless your estate is extensive, you’ll likely have to liquidate much of it to pay your respective attorneys. But cost isn’t the only reason to think twice before engaging your spouse in litigation. A fight over property is emotionally exhausting, and the ensuing rancor can poison your relationship forever. Property litigation can also slow a divorce while spouses squabble over valuations and rightful ownership. And the fees expended will often far exceed the value of the disputed items.

In addition, you’ll surrender control of the outcome, allowing a judge to make decisions such as when and whether the family home should be sold and who should keep which items. Moreover, supposing an unwillingness to settle before the trial date, a judge’s ruling is likely to offend both your and your spouse’s sense of an equitable division.

Mediation

Quite different from contest-oriented litigation, mediation approaches property division as a set of problems or questions to resolve: What are the assets and debts in our estate? Which items are marital property and which are non-marital? How can we determine fair valuations for each item of marital property? How should the marital property be divided?

To help answer these questions, parties may choose to meet as often as they wish with their consultant attorneys and other experts such as appraisers and CPAs. In this way, you retain control, agreeing only to a property division that you feel is fair. Furthermore, by avoiding the cost of litigation, the total professional fees for dividing your property will be considerably lower in mediation.

Couples frequently argue or withdraw when they try to talk to each other about a division of property. Our skilled and experienced mediators will help you through such an impasse by reviewing options such as:

• Cash buyout. One party can acquire an item by purchasing the other party's interest in that item. Example: the wife pays the husband $35,000 from her separate (non-marital) property for an undivided interest in her (marital property) company pension.
• Sale or liquidation. Some or all of the marital estate can be sold and the proceeds allocated. Example: the vacation home is sold for $92,000 in equity after paying the balance on the mortgage and real-estate fees.
• Barter or in-kind exchange. Each party takes certain marital property in exchange for yielding an interest in other items. Example: the husband gains exclusive ownership of the truck and sailboat in exchange for the minivan and the household furnishings.

Presuming you reach an agreement, your mediator will draft it as a Marital Settlement Agreement or Memorandum of Understanding.

[Divorce laws of the District of Columbia]

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