Divorce, Separation and the Distribution of Property

Divorce, Separation and the Distribution of Property has, as its primary focus, the current rules applicable to the division of property at divorce. This includes a comparison of how various states define the types of property that are "divisible," as well as a summary of the factors that courts take into consideration when dividing the marital estate. The book also explores in great detail rules used to determine the enforceability of premarital or postnuptial agreements, as well as issues related to the division of pension benefits.

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.