Family

Question 1

What is marital property?

Answer 1

Property acquired during marriage is marital property unless acquired through gift, bequest, devise, or descent. When a gift is given to both parties, courts look at the donor’s intent. Wedding gifts are classified as marital property. Marital property is subject to division at divorce.

Question 2

What is the purpose of spousal support?

Answer 2

The purpose of spousal support is to ensure an adequate income stream for the spouse whose economic dependency was a result of the marital relationship.

Question 3

What do courts consider in awarding spousal support?

Answer 3

The court considers:

1. The standard of living during the marriage;
2. Duration of the marriage;
3. Age and physical and emotional condition of the parties;
4. Financial resources of the parties;
5. Contribution of each party to the marriage;
6. Time needed to find employment; and
7. Ability of payor to meet his needs.

Question 4

When is spousal support awarded?

Answer 4

Spousal support is awarded to a spouse with neither the resources nor the ability to be self-sustaining.

Question 5

What determines the amount of child support?

Answer 5

The amount of support is based upon monetary need and the ability to pay.