When a spouse grossly misuses property of the marriage, to include cash or money earned by either of the spouses, this is termed “waste of the marital estate.” Examples of waste of the marital estate include, but are not limited to money spent on extramarital relationships or gambling. Marital assets expended on habits or hobbies by [...]
Archive for the ‘Divorce’ Category
Waste of the Marital Estate
Posted in Alimony, Divorce, General Family Law Posts, Property Division, tagged Divorce property, marital property, waste marital estate, waste marriage property on August 16, 2011 | Leave a Comment »
Interesting Article on the Timing of Divorce
Posted in Divorce, General Family Law Posts, Uncategorized, tagged divorce finance, divorce timing, when to divorce on August 10, 2011 | Leave a Comment »
I just happened to run across this interesting article, “Best & Worst Times – Financially – to Split Up.” Interesting thoughts, though I don’t necessarily agree with everything in the article (see my prior posts on those subjects).
Extra-marital property
Posted in Divorce, General Family Law Posts, Property Division, tagged commingle, commingled marital assets, extra marital asset, inheritance, non marital asset, nonmarital on August 4, 2011 | 3 Comments »
The most common extra-marital asset or property that a spouse may receive during the marriage is an inheritance from a spouse’s parent(s). This asset is not treated as income like wages or other earnings earned during the marriage, in part, because the spouse did not receive the inheritance due to the receiving spouse’s efforts during the [...]
Comingling of property in the marital estate
Posted in Divorce, General Family Law Posts, Property Division, tagged commingled marital assets, commingled marital debts, Divorce, Divorce Discovery, marital estate, marital property, separate debt, separate property on July 28, 2011 | Leave a Comment »
The biggest difficulty in separating out each spouse’s property and/or debts from marital property, or the “marital estate,” is that most times spouses will commingle their property and/or debts during the marriage. Unless a very clear accounting is kept making it clear that the intent of the spouses was to maintain the property or debt [...]
Premarital property
Posted in Divorce, General Family Law Posts, Property Division, tagged personal property, Premarital, premarital property, separate debt, separate property on July 25, 2011 | Leave a Comment »
Premarital property is that property that each spouse brings into the marriage, which is each their separate property and generally not considered part of the marital estate. As in all things legal, there are exceptions to the premarital property laws. The biggest exceptions have to do with commingling of premarital property or debts with marital [...]
Property Division
Posted in Divorce, Property Division, tagged Divorce property, marital property, marital property division, property division on July 22, 2011 | Leave a Comment »
General Rule: property division in divorce is generally done by gathering all the property obtained during the marriage and then dividing it equitably, which usually means equally. All the property obtained during the marriage is often called the “marital estate.” The marital estate includes both assets and liabilities or, in other words, stuff and debts. [...]
Contested Divorce is Expensive
Posted in Alimony, Divorce, General Family Law Posts, Uncategorized, tagged divorce attorney fees, divorce costs, Divorce Litigation, litigation on June 14, 2011 | 1 Comment »
Of late I have been contemplating a flurry of incoming phone calls from folks looking at getting a divorce or who have been served divorce court papers by their spouse. It is no surprise that, given the current economy or not, cost is a huge concern for people, as it should be. Costs to be [...]
Calculating Alimony
Posted in Alimony, Divorce, General Family Law Posts, tagged Alimony, spousal support on May 25, 2011 | Leave a Comment »
Divorce clients appropriately ask about how alimony is calculated. In Utah, there is no specific formula for alimony as there is for child support. The most accurate outline for how alimony is determined is the law itself, which can be found at http://le.utah.gov/~code/TITLE30/htm/30_03_000500.htm, specifically paragraph (8). The application of the law to every case is [...]
The life of a divorce
Posted in Divorce, General Family Law Posts, Uncategorized, tagged Divorce Discovery, Divorce Facts, Divorce Initiation, Divorce Litigation, Divorce Petition, Divorce Process, Divorce Resolution, Post-Divorce on November 26, 2009 | Leave a Comment »
The life of litigation as it normally applies to a divorce case can be divided into three main phases: Initiation Phase, Discovery Phase, and Resolution Phase.
Divorce and Holidays
Posted in Divorce, General Family Law Posts, Uncategorized on November 26, 2009 | Leave a Comment »
Holidays are the most difficult times to deal with a divorce. Try to be aware of this and make sure you are occupied with friends and/or relatives.
