Divorce, Separation and the Distribution of Property
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Topics covered include: how the states have addressed the division of specific types of property; disputes between unmarried partners; breach of promise actions and other disputes over broken engagements; premarital and postnuptial agreements; determining when parties start and stop accumulating marital property; jurisdictional issues; and determining the marital component of fringe benefits and federal retirement benefits.
The book also covers the division of a lawyer-spouse's contingent fee received after divorce, patents and copyrights, personal injury and worker's compensation recoveries, disability awards, goodwill of businesses or practices started during the marriage, and many other forms of property. It considers related questions, such as: whether federal law bars the division of certain federal benefits at divorce; what should happen when premarital property is mixed with property acquired during a marriage; whether a spouse can change premarital property into marital property by changing title; and what considerations a court takes into account when deciding how to apportion the marital estate or whether to award spousal support. In addition, Divorce, Separation and the Distribution of Property includes discussion of same-sex marriages, civil unions, domestic partnerships, reciprocal beneficiaries, and registered partnerships both in the U.S. and abroad.
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Table of Contents
Disputes Between Unmarried People
Requirements of a Valid Marriage
Rules Governing Property Division at Divorce: A General Survey
What Constitutes “Property” and “Marital Property” That Is Divisible at Divorce?
Types of Property That Frequently Are Designated Separate Property by Statute
Property Acquired or Improved with Both Separate and Marital Property
Miscellaneous Property Interests
The Closely Held Business
Transmutation-A Change in the Character of Property After Acquisition
Division of Federal Benefits
The Divorce Action