Property Division in Lieu of Alimony

[Ed: Originally published on Facebook.] Yesterday we talked about the interplay of alimony and property division. Often it can make sense to pay more alimony in exchange for a more favorable property division. Note the reverse can be true, in a sense – the court can adjust its property division to make up for the fact…

Alimony in Lieu of Property Division

[Ed: Originally published on Facebook.] Alimony and property division often intersect. One is an award from the CURRENT estate, and the other is an award from the FUTURE estate. Sometimes, the current estate is relatively modest, but one spouse has a substantial amount of “separate” property, not subject to being divided or awarded to the other…

Mechanics of Property Division

[Ed: Originally published on Facebook.] This week we’ve been looking at examples of property division. I want to shift a little bit and talk about the mechanics of property division. As a starting point, assume every division of property – that is, every instance of one spouse transferring any property to the other spouse – carries…

Property Division: “Equitable” Does Not Always Mean “Equal”

[Ed: Originally published on Facebook.] Yesterday we looked at a fact pattern that shows how a court can make “equitable” awards of property that are not necessarily “equal”. Yesterday’s example was based on each party’s current ability to pay. Today we will look at a common fact pattern which involves different time horizons. Let’s say the…

Equitable Division of Property

[Ed: Originally published on Facebook.] Yesterday we looked at “community property”. Today we will look at the property division scheme in effect in most jurisdictions: “equitable distribution” (or “equitable division”). The key word, of course, is “equitable” – which does NOT necessarily mean “equal”. For many judges, they will start out presuming an equal division is…

Division of Community Property

[Ed: Originally published on Facebook.] This week we’re going to take a closer look at property division laws. There are basically two types of property division schemes – “community property” (“CP”) and “equitable distribution”. Knowing these rules is important because you need to be able to make reasonable assumptions about what the judge can or might…