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Associate Professor, University of Southern California Law School. B.S., B.A., University of California, Irvine; M.S., Stanford University; J.D...
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For those in any doubt, the state's highest court has reaffirmed that a husband's pension benefits under a disability retirement plan were marital property subject to division with his former wife.Deciding a case from the 2003 term, the Court of Appeals found no material distinction between the present situation of Ansu Z. Conteh, a retired Montgomery County employee, and that of the husband in its 1984 case, Lookingbill v. Lookingbill. The Lookingbill case established that pension benefits based on a work- related injury under a disability plan are marital property subject to equitable distribution. Lookingbill expanded on the 1981 decision in Deering v. Deering, which held that all types of pension rights acquired during a marriage constitute marital property.The court declined to ove...
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Marital property is generally considered to be all property acquired by a couple during their marriage or earned by either spouse dur...
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Divorce; Magistrate; adoption; marital property; valuation; marital home; spousal support; child support; attorney fees; arrearage; separate property; tax exemption; business valuation; distributive award.
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A husband's employer-provided health insurance benefits do constitute marital property subject to division in his divorce, the Indiana Supreme Court has ruled in reversing judgment.
The husband filed for divorce after he retired. His monthly retirement benefits included an $846 premium that his employer paid for the husband's health insurance.
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A portion of a wife's employment discrimination settlement with her former law firm may be marital property subject to division, Maryland's highest court has ruled in reversing an order that the settlement proceeds were solely the wife's property.
While a couple was still married, the wife was terminated by her firm. She filed an employment discrimination suit, seeking lost wages and salary. She settled the case for roughly $550,000 prior to the couple's divorce.
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Accrued vacation and sick days are not marital property subject to division in a divorce, the Illinois Supreme Court has ruled.
The husband, an attorney for the state, had accrued 115 sick days and 42 vacation days at the time of the divorce. A trial court awarded the husband 45 sick days, but valued the remaining sick and vacation days based on his current salary minus taxes and awarded the wife $15,000 for the days.
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When one spouse applies for a loan, can you check the credit of the non-applying spouse was the question debated on the members-only listserve CUES Net recently. Credits unions would be wise to review federal and local laws governing this issue as it can vary by locality. In many states, spouses have the right to apply for and obtain individual credit. Each community property state is a little different. In Wisconsin, spouses are fully obligated for all credit during the marriage, even if they do not sign for the debt. You may want to review your state martial property act and contact your league counsel to determine the best practices in your state.