Family law attorneys are often asked if there is an order in which the Court decides various issues in a divorce. The answer is, yes. The acronym P.E.A.C.E. sets forth the order in which the Court will determine the issues in your case. P.E.A.C.E. stands for: (P)arenting; (E)quitable Distribution; (A)limony; (C)hild Support; and(E)verything Else. Why […]
Tag: Dividing Marital Assets
Marital vs. Non-Marital Property And Debt
One of the first things a court is called upon to do in a divorce is to determine what is and what is not part of the marital estate, that is, what things are subject to distribution to the spouses. As a general rule, all property acquired by either or both spouses, and all debt […]
Dividing Marital Property – Part II
Recently, we spoke of QDROs as a tool used to distribute retirement accounts. Another tool that is less often used is known as an immediate offset. It is less often used because there must be other assets of similar size that one can use to offset the retirement plan. Consider the following example ITEM […]