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What assets are not included in equalization of net family property?

Any gifts or inheritances received by an individual during the relationship which have not been dissipated will not be shared. Any assets owned prior to marriage will not be shared. Any assets covered by a marriage contract will not be shared and any personal injury payout for pain and suffering will usually not be shared.

There are many addition small exceptions which can apply to family property and result in the non-equal sharing of that property but those mentioned above are the most common and typically make up the largest sums... MORE »

Most Recent FAQs

What happens if I don’t agree with my spouse on our date of separation for property division?

A parties “net family property” is determined based on property owned at the date of separation and property owned on the date of marriage. Since the date of marriage is constant, this means that the date of separation can be crucial in a high net worth divorce.

If both spouses cannot agree on a date then a judge will determine the date of separation (the day on which there was no reasonable prospect of reconciliation) based on the facts of the case.

Both spouses do not have to want to separate for... MORE »

Can I run out of time to ask the court to divide my property?

Yes, there are legal time limits for the division of property. If you want to ask the court to settle a disagreement over how to divide property between you and your spouse you must ask within a certain time after the breakdown of the relationship.

The important time limits to know are as follows:

  • 2 years after you receive your divorce
  • 6 years after the date the parties separated with no chance of reconciliation
  • 6 months after the death of a spouse
... MORE »

How much spousal support am I entitled to?

This is a very complex question that depends on a variety of factors. The most important factors for the determination of spousal support will be as follows:

  • the incomes of the parties;
  • the length of the parties’ relationship and
  • the roles each party played within the relationship

Other factors include the age of the support recipient at separation, whether there was a marriage contract signed which included spousal support and whether there were any special circumstances which occurred during the relationship that create an entitlement or disentitlement to support.

Spouses will typically be entitled to... MORE »

If my spouse’s income has increased can I request additional support?

If your spouse’s income has increased dramatically then you may be able to request an increase in support. The court will base such a request on whether there has been enough of a “change in circumstance” to justify increasing your support payments. The court will also ask if increasing your support payments is in line with the objectives of the spousal support advisory guidelines.

If an increase is warranted by the spousal support advisory guidelines then the court may decide to order a new amount by looking at the new circumstances... MORE »