equitable distribution of marital property

• Distribution of Marital Assets in Community Property Jurisdictions: Equitable Doesn?t Equal Equal

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• Louisiana Law Review
• Nbr. 72-1, October 2011

• Mulliken v. Mulliken, (Ohio 2008)

DOMESTIC RELATIONS - PROPERTY - Social Security benefits may only be considered in relation to the division of all marital assets when making an equitable distribution of marital property in a divorce; law of the case; interest on obligations arising out of the division of marital property is controlled by R.C. 1343.03.

• Ohio Supreme Court

• Money Matters: Late-Life Divorce Can Ruin Finances

WHEN a husband and wife decide to divorce later in life, as many do, the effect on their retirement plans can be drastic. Among the more important issues in divorce is the equitable distribution of marital property. A couple's largest assets are likely the equity in their home and their 401(k) savings. Retirement savings accumulated during the marriage qualify as a marital asset subject to division. If both parties have retirement savings, they may agree to equalize the accounts. If only one spouse has 401(k) savings, and the parties own a home, they may offset 401(k) assets against the home equity. As a result, one person (usually the wife) gets the house and the other keeps the 401(k) account.

• New Haven Register
• May 15, 2008

• Neville v. Neville, 99 Ohio St.3d 275 (2003)

Domestic relations — Divorce — Spousal support — Equitable division of marital and separate property — Distributive award — In making an equitable distribution of marital property in a divorce proceeding, a trial court may consider the parties’ future Social Security benefits in relation to all marital assets — R.C. 3105.171, construed.

• Ohio Supreme Court

• New York Appellate Division Rules Husband Can't Use Wife's Misconduct to Get Bigger Share

A wife who allegedly lied to her husband that he was the biological father of one of their children did not commit "egregious fault" sufficient to be considered in the equitable distribution of the couple's marital property, the New York Appellate Division has ruled. After several years of marriage and two children, the wife engaged in an extramarital affair and became pregnant. She did not tell her husband that the child might not be his. The husband later became suspicious about the boy's parentage and arranged for a DNA test that established he was not the father.

• Lawyers USA
• March 20, 2009

• Basham v. Basham, (Ohio 2007)

Domestic Relations: Trial courts must determine a value for each item of marital property in a divorce and, if the parties fail to present any evidence to that effect, the court must order them to do so; trial court did not err in making equitable, rather than equal, distribution of marital property based on findings of financial misconduct; trial court did not err in awarding attorney fees.

• Ohio Supreme Court

• Change of venue: we asked top Tar Heel lawyers where they pictured themselves practicing--or just living--if it couldn't be North Carolina.

...Mason, the winner in intellectual property, begged off, saying he didn't feel worthy.) As in ...The equitable distribution of marital property--beaver pelts, dr...

• Business North Carolina
• Vol. 31 Nbr. 1, January 2011

• Gender, Valuation of Private Companies, and State Specific Variables in the Division of Marital Assets

The value of a closely held company may represent a significant component of a marital estate. Business valuation services play an increasingly crucial role in determining the value of a closely held family business and often facilitate a divorce settlement by providing an appraisal estimate in the absence of an actual sale as a basis to distributing marital assets. The results of the current study investigate family courts' decisions in cases where the marital estate includes a closely held company. In each case a valuation expert was retained by both spouses. The favorable decision was the verdict that selected either the husband's or wife's expert. The decisions were influenced by two factors: state law (community property versus equitable distribution) and the owner of the business ...

• Journal of Legal Economics
• Vol. 15 Nbr. 2, April 2009

• Arkley v. Arkley, (Ohio 2003)

Disability pension; marital or separate property; equitable distribution; retirement component; insufficient evidence.

• Ohio Supreme Court

• Commodity Futures Trading Commission v. Stephen Walsh / Securities and Exchange Commission v. WG Trading Investors, L.P., No. 91 (N.Y. 2011)

... Agencies allege that a sizable amount of property derived from Walsh's illegal securities activities... ownership interest in the Port Washington marital residence (with an alleged value of about $7.5 mil... "to a distributive award or an award of equitable distribution with respect to any property acquired...

• New York Court of Appeals