Asset distribution is not equal but what is "fair". What this means is if you're a man who works you're screwed - if you don't work and you get the kids, jackpot! Men, take a serious, hard look at this list. Spousal Support (that is welfare) follows. Note that an indefinite period means until you croak. BTW your "standard of living" is immaterial if you work and married to a housewife. Only her standard of living matters.
"Asset Distribution
Since (state) is an "equitable distribution" state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award.
In an action for divorce or annulment, the court shall, upon request of either party, equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such proportions and in such manner as the court deems just after considering all relevant factors, including: 1. The length of the marriage. 2. Any prior marriage of either party. 3. The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties. 4. The contribution by one party to the education, training or increased earning power of the other party. 5. The opportunity of each party for future acquisitions of capital assets and income. 6. The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits. 7. The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker. 8. The value of the property set apart to each party. 9. The standard of living of the parties established during the marriage. 10. The economic circumstances of each party, including Federal, State and local tax ramifications, at the time the division of property is to become effective. 11. Whether the party will be serving as the custodian of any dependent minor children."
Spousal Support
Not all cases involve support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court's discretion.
Where a divorce decree has been entered, the court may allow alimony, as it deems reasonable, to either party only if it finds that alimony is necessary.
Factors relevant in determining whether alimony is necessary and in determining the nature, amount, duration and manner of payment of alimony, the court shall consider all relevant factors, including: 1. The relative earnings and earning capacities of the parties. 2. The ages and the 3. The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits. 4.The expectancies and inheritances of the parties. 5. The duration of the marriage. 6. The contribution by one party to the education, training or increased earning power of the other party. 7. The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child. 8. The standard of living of the parties established during the marriage. 9. The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment. 10. The relative assets and liabilities of the parties. 11. The property brought to the marriage by either party. 12. The contribution of a spouse as homemaker. 13. The relative needs of the parties. 14. The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony, except that the court shall consider the abuse of one party by the other party. As used in this paragraph, "abuse" shall have the meaning given to it under Section 6102 (relating to definitions). 15. The Federal, State and Local Tax ramifications of the alimony award. 16. Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party's reasonable needs. 17. Whether the party seeking alimony is incapable of self-support through appropriate employment.
Duration.-The court in ordering alimony shall determine the duration of the order, which may be for a definite or an indefinite period of time which is reasonable under the circumstances."
[–]Il128[🍰] 2 points3 points4 points (1 child) | Copy Link
[–]carchamp1[S] 1 point2 points3 points (0 children) | Copy Link
[–]kachapati 1 point2 points3 points (8 children) | Copy Link
[–]carchamp1[S] 1 point2 points3 points (7 children) | Copy Link
[–]kachapati 1 point2 points3 points (6 children) | Copy Link
[–]carchamp1[S] 0 points1 point2 points (5 children) | Copy Link
[–]kachapati 0 points1 point2 points (4 children) | Copy Link
[–]carchamp1[S] 0 points1 point2 points (3 children) | Copy Link
[–]kachapati 0 points1 point2 points (2 children) | Copy Link
[–]carchamp1[S] 0 points1 point2 points (1 child) | Copy Link
[–]kachapati 0 points1 point2 points (0 children) | Copy Link