Factors that Judges Consider When Determining Division of Properties
If a divorcing couple is unable to agree on a final decision in regards
to the division of property or debts, the judge will make a decision by
considering the following factors:
- Each spouse’s power to earn income
- The health of each spouse
- The overall health of each party
- The amount each party contributed to acquiring marital property
- The amount each party contributed to the earning power and education of
the other party
- The value of each party’s separate property
- The future monetary needs of each party
- Premarital agreements
Separate Property vs. Marital Property
There is a difference between separate and marital properties. Separate
properties are any that were gained prior to marriage or were acquired
as a gift or by inheritance. Marital property is any asset that is acquired
during the duration of marriage using shared funds. During the divorce
process, marital property must be divided. In some instances, separate
property is also divided if necessary.
Of course, property and debt division can be highly complex, especially
if both or one spouse has acquired much debt or properties prior to or
during the marriage. For this reason, it is wise for individuals considering
divorce to contact legal representation right away. Failure to do so can
lead one or both spouses to suffer monetary problems for the remainder
of their lives.
Our Team is Equipped with 200+ Years of Combined Experience
Our team of San Diego family law lawyers is backed by more than
two centuries of collective experience in handling various
family law matters. When handling asset and debt division cases, we take every detail
into consideration along with the concerns and needs of those we represent.
With inclusion on the
Super Lawyers® list, our San Diego divorce attorneys are well-versed regarding this area
of family law. In fact, ten of
our lawyers are certified and identified as Board Certified Family Law Specialists.
Their expert-level knowledge allows us to tackle cases with a strategic approach.
Have More Questions? Call Moore, Schulman & Moore, APC
If you have questions regarding asset or debt division, we can give you
the answers you need to feel more at ease moving forward. With our help
and experience on your side, your case will be finalized in the most timely
and effective manner possible. It is our mission to make the divorce process
less stressful for our clients. As soon as you get in touch with us, we
will begin working on a results-driven strategy specifically for your case.
Please call us today to speak with our skilled legal team.