UNIT 6 LAW 209 HOMEWORK
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Understanding property in a divorce
Property in a divorce
Beverly Baxter
Post University
Law 209: Family Law and Practice
Professor Levy
07 August 2022
Understanding property in a divorce
Marriage is supposed to be something beautiful and when you fall in love with that
person you want to spend the rest of your life with. However, it doesn’t always happen, and
divorce can be emotional and heartbreaking especially when property is involved. We will
discuss these three properties: Separate, Community, and Common-law in this essay.
Separate Property which is, “property that is (1) acquired by one spouse before marriage
and brought into the marriage, or (2) is acquired by one spouse by gift, will, or inheritance during
the marriage, or (3) is any other property that is not marital or community property. Community
Property is, “property in which each spouse has a 50 percent interest if the property was acquired
during the marriage other than by gift, will, or intestate succession (inheritance) to only one of
the spouses. Lastly, Common-Law Property is, “property acquired during the marriage in a state
other than a community-property state. (Older definition: property acquired during the marriage
that is the separate property of the spouse who earned it or who has little to it.”
Each of these properties are different in their own way. However, some share some
similarities as well. The difference between the three is. Separate property applies to all states
and before a marriage or brought into it. With Community and Common-Law Property.
Community property unlike Separate property has community property states which are.
Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
Every other state are common-law states and common-law property states.
Alimony is money or other property paid as a duty to fulfil the support to a spouse after a
divorce or legal separation. There are 14 types of alimonies. Alimony in Gross
, “Alimony in the
form of a single (lump-sum) payment. Also called lump-sum alimony.” Alimony Pendente
,
“Alimony pending the outcome of the litigation or court case. See temporary alimony below.”
Bridge-the-Gap Alimony
, “See rehabilitative alimony.” Caregiver Alimony
, “Alimony for an
ex-spouse who cannot be self-supporting because of his or her need to care for a disabled child.”
Durational Alimony
, “See Rehabilitative Alimony.” Incapacity Alimony
, “Alimony, usually
long-term, for an ex-spouse unable to be self-supporting because of a physical or mental
incapacity.” Lump-Sum Alimony
, “See Alimony in Gross.” Permanent Alimony
, “Alimony
that is awarded periodically (e.g., monthly) until a designated date or indefinitely without a
Understanding property in a divorce
termination date. Also called traditional alimony.” Rehabilitative Alimony
, “Support payments
to an ex-spouse for a limited time to allow him or her to return to financial self-sufficiency
through employment or job training. (Also called durational alimony, transitional alimony, and
bridge-the-gap alimony.” Reimbursement Alimony, “Alimony that repays an ex-spouse who
worked or made other financial contributions during the marriage so that the other spouse could
obtain training or otherwise enhance his or her future earning capacity. Also called restitutional
alimony.” Restitutional Alimony, “See Reimbursement Alimony.” Temporary Alimony,
“Alimony awarded on an interim basis before the court makes its final decision on alimony. Also
called alimony pendente lite.” Traditional Alimony, “See Permanent Alimony.” Transitional
Alimony, “See Rehabilitative Alimony.”
Determining if alimony is appropriate depends on a couple of factors which are. “(a)
there is little or no marital property to divide or (b) the more needy spouses ability to earn a
living after the separation is hampered by a lack of job skills, age, and/or by a need to care for
children.” Furthermore, court-order alimony is explained in the Uniform Marriage and Divorce
Act (UMDA): “A model statute on marriages and divorce proposed to the states for adoption.”
All states ae not in agreeance with UMDA where alimony should be awarded without regard to
marital misconduct. I can see why and agree as it does give judges discretion when and how
alimony is awarded.
In closing, just because someone is married, knowing they are not entitled to everything
from their spouse can further help them in obtaining what type of alimony if any is best for them
and also what type of property their divorce best falls under.
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Understanding property in a divorce
References
Statsky, W.P. (2021). Family Law
(7
th
ed.). Cengage, P. 323
https://ambassadored.vitalsource.com/reader/books/9781337917612/pageid/342
Statsky, W.P. (2021). Family Law
(7
th
ed.). Cengage, P. 325
https://ambassadored.vitalsource.com/reader/books/9781337917612/pageid/344
Statsky, W.P. (2021). Family Law
(7
th
ed.). Cengage, P. 307
https://ambassadored.vitalsource.com/reader/books/9781337917612/pageid/326
Statsky, W.P. (2021). Family Law
(7
th
ed.). Cengage, P. 308
https://ambassadored.vitalsource.com/reader/books/9781337917612/pageid/327
Understanding property in a divorce