Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20193
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Re: My court hearing
12/18/10 11:49 PM
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"I took it to mean she was asking for 2 things......SS and eq dist. Someone else might ask for SS, eq dist, and CS.....they are all different amounts. When she further added this....."We asked for a lump sum of 53,000. Of course we know that won't happen (13-month marriage)" I assumed that to refer to SS because she was doubting what she would get because it was only a 13 month marriage."
We understood it differently then, no big deal.
"I'm not divorced yet, so I don't know, but I thought from reading here that eq dist was about splitting up what was made/acquired during the marriage........So, for instance, if a couple are only married for a week but purchased a lottery ticket and won 10 million, that would get divied up just the same as it would if they were married for 20 years.....If that's not correct, please set me straight. "
Now you made me look it up lol... disclaimer... not an academic source...
What is "equitable distribution?"
Most states employ "equitable distribution" in dividing marital (community) property as a result of the dissolution of marriage (divorce). Instead of a strict fifty-fifty split (in which each spouse receives exactly one-half of the marital or separate property), equitable distribution looks at the financial situation that each spouse will be in after the termination of the marriage. While equitable distribution is more flexible, it is harder to predict the actual outcome, since the various factors are subjectively weighed. Factors considered in equitable distribution include:
1. Earning power of the spouses (one might be much greater than the other)
2. Separate property of the spouses (one might be greater in value than the other)
3. One spouse having done all the work to acquire the property
4. The value that one spouse contributed as the home-maker for the family
5. Economic fault of one spouse in wasting and dissipating marital property
6. Duration of the marriage
7. Age and relative health of the spouses
8. The responsibility for providing for children of the marriage
9. Spousal abuse or marital infidelity (to penalize the offending spouse).
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