At the time a divorce decree is entered, all marital property is to be distributed one-half to each party, unless the court finds such a division to be inequitable.
In that event, the court is to make some other division that the court deems equitable, taking into consideration several factors:
- the length of the marriage;
- the age, health, and station in life of the parties;
- the occupation of the parties;
- the amount and sources of income;
- all vocational skills;
- the parties’ employability;
- the size of the estate,
- all liabilities,
- the needs of each party
- the opportunity of each for further acquisition of capital assets and income;
- the contribution of each party in acquisition, preservation, or appreciation of marital property, including services as a homemaker;
- the federal income tax consequences of the court's division of property.
The definition of marital property excludes property acquired prior to marriage or by gift or by reason of the death of another, including, but not limited to, life insurance proceeds, payments made under a deferred compensation plan, or an individual retirement account, and property acquired by right of survivorship, by a trust distribution, by bequest or inheritance, or by a payable on death or a transfer on death arrangement,
The definition of marital property also excludes the increase in value of property acquired prior to marriage or by gift or by reason of the death of another.
The Attorneys of Gregg, Farris & Bumpers are highly skilled in the area of divorce and marital property distribution and are prepared to immediately help you with these matters. To schedule an appointment, call 24 hours a day - 1-800-364-1826.