The Social Security Act contains an anti-assignment clause that prohibits assignment of benefits even in a divorce. Therefore a divorce court cannot order distribution of part of a spouse’s future retirement social security benefits as marital property. Nor may the court consider it as an indirect offset as part of the overall marital property distribution…
Category Archives: Equitable Distribution
Although marketability discounts have been disallowed in other areas of the law, family law is unique and the legislature has recognized this by creating unique rules to be applied to divorce situations. Contact Divorce Help Center today to discuss your situation. In fact, C.R.S. 14-10-113(1) authorizes a judge to consider any and all relevant factors…
In dividing marital property, if the parties cannot agree, then a court must determine the the approximate current value of the property owned by the parties. Contact the Divorce Help Center and let a professional mediator assist you in finding a fair resolution to this issues. Otherwise, the determination of value is within the trial court’s discretion,…
In Colorado, the Court of Appeals recently ruled that accrued vacation time and sick time are not marital assets. While enforceable contractual rights do constitute marital property, interests that are merely speculative are only expectations. Contact Divorce Help Center to evaluate your particular situation. For example, employee stock options are only consider marital property if the rights…
Marital property does not include property that a party possessed prior to the marriage. However, if premarital property is placed into a joint tenancy account or asset during the marriage, it reflects an intent by the donor spouse to make a gift to the marriage. Contact Divorce Help Center to evaluate your particular situation. Such…
Evidence of the tax assessment value of a marital home may be considered as proper evidence of the actual value of the home when determining the marital equity in the home. In fact, additional weight may be given to the tax assessed value over other evidence due the legal requirements underlying the basis of the assessment. …
Valuation of separate property of the parties is often a difficult and complicated situation. Contact a Colorado Divorce Mediator to discuss the specifics of your case. Separate property consists of assests each party owned prior to the marriage, inherited during the marriage, or were given as a separate gift. However, the increase in value of such…
The statutory mandate to distribute property equitably does not require equality. A Denver Divorce Mediation mediator can assist you is discussing the relavant factors involved in reaching this decision. It has been repeatedly held by the Colorado Courts that in matters of division of property, the trial court is imbueded with broad discretion. Facially disproportionate…
Parties are not required to spend all their savings or exhaust all their marital assests before becoming eligible for spousal support. A Denver Divorce Mediator can help you evaluate your particular situation. Likewise, a party is not requied to cash in their retirment plan nor pick the highest paying option in a retirement plan for purposed…