| Property Division in Divorce: Inheritance |
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| Generally, the concepts of equitable distribution and community property distribution in divorce cases do not apply to property that a spouse inherits from a third party during marriage. Ordinarily, property that a spouse inherits from a third party during marriage is considered that spouse's separate property. Inheritance includes acquisition through wills, trusts, probate, or intestacy. More... |
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| Property Division in Divorce: Personal Injury Awards |
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| Personal injury awards are paid to injury victims to compensate for personal injury, pain and suffering, lost wages, loss of future earning capacity, loss of consortium (i.e., loss of companionship), medical expenses and damages to property when the loss occurred due to another's negligence. In a divorce, a question might arise as to whether such awards can be considered as separate property or marital property, i.e. joint property of the spouses. There are two primary methods by which courts typically classify such awards as marital or separate property, i.e. the analytic approach and the mechanistic approach. More... |
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| Property Division in Divorce: Presumption Relating to Marital Property |
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| Property division in divorce generally affects only marital property, but some states allow equitable distribution of separate property. Marital property is presumed to be property that is acquired by both or either of the spouses during their marriage. Divorce courts divide marital property according to the classification schemes in controlling statutes or caselaw. More... |
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| Impact of Bankruptcy Laws on Divorce Generally |
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| Traditionally, the entire gamut of matrimonial law has been a creature of state law, not federal law. As such, federal courts generally may not intervene in the marital area unless a particular issue comes into conflict with federal law. Bankruptcy is one such area, and it can arise because of the effect that divorce has on spouses' property ownership and financial situation. In divorces involving a complex asset structure or extensive and varied types of property, bankruptcy by both spouses certainly can affect marital property distribution, depending in part on what distribution scheme the forum state follows. Otherwise, it often is the bankruptcy of only one spouse initially that sets off the complicated bankruptcy-divorce scenario. More... |
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| Fault-based Divorce: Adultery |
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| There can be various grounds for seeking a divorce; adultery is stated as a reason for divorce in the laws of the majority of states that allow fault-based divorces. Adultery is defined as voluntary, consensual sexual intercourse or sexual activity by a married person with someone other than their legal spouse. While intercourse is usually required, something less may amount to adultery under the divorce laws in some states. More... |
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