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Family Law > Economic Issues Surrounding Marriage Termination* > Flashcards

Economic Issues Surrounding Marriage Termination* Flashcards

1
Q

Separation agreements: can they be subsequently modified?

A

No, unless the agreement says it is modifiable (applies to all contracts).

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2
Q

A waiver of child support in a separation agreement is valid. T or F?

A

False. It is void.

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3
Q

Any provision relating to child support is _____ and subject to . . . .

A

Modifiable

Subject to judicial review

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4
Q

Pennsylvania follows what system of property distribution?

A

Equitable Distribution

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5
Q

What occurs to marital property under an Equitable Distribution scheme?

A

Marital property is divided by the court in a fair and equitable manner. Distribution is made

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6
Q

Under an Equitable Distribution scheme, distribution is made with/without regard to marital misconduct.

A

Without

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7
Q

Three mutually exclusive categories of property?

A

H’s separate property

W’s separate property

Marital property

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8
Q

Anything that was acquired prior to the date of the marriage is _____ property.

A

Separate

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9
Q

Any gift or inheritance after the marriage to one spouse is ____ separate property.

A

Separate

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10
Q

Any property acquired after the date of a final separation (in anticipation of divorce) is _____ property

A

Separate

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11
Q

Anything that the parties agree to treat as separate property is/isn’t considered separate property.

A

Is

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12
Q

Federal veteran disability payments (to compensate for injury) are _____ property.

A

Separate

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13
Q

Military pensions are _____ property.

A

Marital.

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14
Q

Marital property is . . .

A

Any and everything acquired during the course of marriage. Doesn’t matter who paid for it, who earned the money, or whose name is on the title.

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15
Q

*Appreciation in value on separate property items attributable to the period of the marriage is/isn’t a marital asset.

A

Is

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16
Q

An asset that has yet to vest (expected inheritance) is ____ property.

A

Separate.

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17
Q

When dividing marital property, the court uses ____ ____

A

Equitable discretion

18
Q

Marital assets can be divided in kind or in the form of ____

A

Cash

19
Q

To divide property “in kind,” a judge does what?

A

Assigns different pieces of property to the parties.

20
Q

What factors to consider when dividing up marital property?

A

Age and health of parties

Sources of income

Separate property

Custodian of minor children

21
Q

Can a property division award be modified?

A

No

22
Q

What immediate tax obligation triggered by martial property division award?

A

None

23
Q

A spouse receiving property in a marital property division takes a _________ basis in that property.

A

Carry over

24
Q

Alimony is the periodic payment of money for the _______ of the former spouse.

A

Maintenance

25
Q

Alimony is designed to make it easier to . . .

A

Transition back to single life

26
Q

Two types of alimony?

A

Alimony Pendente Lite (APL; Temporary alimony while case is pending)

Regular alimony

27
Q

Temporary alimony terminates automatically when?

A

When the case is concluded.

28
Q

Permanent alimony is the post-divorce decree obligation to make . . . .

A

Periodic payments

29
Q

T or F? Alimony can be for a set period of time or can be indefinite.

A

True

30
Q

The amount of a p. alimony award is determined by consideration of factors. Name some?

A

Earning capacity

Current earnings

Age, physical health

Expectancies/prospective inheritances

Duration of marriage

Property division award

Time needed to obtain future education (and costs)

Marital Misconduct

31
Q

T or F? Alimony awards permit consideration of marital misconduct.

A

True

32
Q

Modification of an alimony award requires a showing of . . .

A

Substantial change in circumstances.

33
Q

Modification of alimony is ____ only.

A

Prospective

34
Q

Automatic termination of alimony occurs when (2)?

A

Death of either party; or

Remarriage of recipient.

35
Q

For the recipient, does cohabitation have the same effect as marriage?

A

Yes.

36
Q

Enforcement of alimony: Can assets be seized?

A

Yes

37
Q

Enforcement of alimony: Can wages be garnished?

A

Yes

38
Q

Enforcement of alimony: Can you lose your drivers license?

A

Yes, in PA.

39
Q

Enforcement of alimony: Can you go to jail? Explain

A

Yes. Contempt sanction

40
Q

What are the tax consequences of alimony?

A

Deductible from the payor

Income to the payee.

41
Q

To be eligible for alimony, are you required to live apart?

A

Yes

Family Law (7 decks)

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