Alimony: Rehabilitative Spousal Support
Alimony awards, also called "spousal support," are usually granted at the court's discretion upon a determination, which takes into account certain factors, that spousal maintenance is necessary. Some of the factors considered when determining alimony payments include the education of the spouses, their respective work experiences, income histories, ages, health, the length of the marriage, and the time either spouse has spent out of the work force. Alimony may be either temporary (often called "rehabilitative alimony") or permanent. The court grants rehabilitative spousal support when one spouse has been disadvantaged in order to equalize the burden of the divorce. More...

Temporary Exclusive Possession of the Marital Residence in Divorce
One of the measures that may be put into place during a divorce proceeding is an order awarding temporary exclusive possession of the parties' marital residence to one of the spouses. Such an order is typically viewed as a harsh remedy and is only to be used when there is evidence of serious misconduct or abuse. More...

Valuation of Closely Held Businesses in Divorce Proceedings
Generally, divorce cases involving thorny property issues can be complicated to resolve. This especially is true when the marital estate includes a closely-held business. A closely-held business usually presents one of two scenarios in the divorce context. The business may be tied to one spouse who is responsible for the business's success. Distribution of the business to one spouse often creates asset allocation and business valuation issues. It presents the problem of valuing the business and structuring the parties' assets and liabilities in order to provide the other spouse with a comparably valued property distribution. If the business depends on the operating spouse's good will and management, which many closely-held businesses do, then the true value can suffer under the emotional stress common in divorce even if the business is distributed to the key-person spouse. A business having one value when operated by the key-person spouse can have a far different value when distributed to the non-operating spouse. More...

Fault-based Divorce: Adultery
There can be various grounds for seeking a divorce; adultery is stated as a reason for divorce in the laws of the majority of states that allow fault-based divorces. Adultery is defined as voluntary, consensual sexual intercourse or sexual activity by a married person with someone other than their legal spouse. While intercourse is usually required, something less may amount to adultery under the divorce laws in some states. More...

Valuation of Non-Economic Contributions with Respect to Property Division in Divorce
The concept of equitable distribution of marital property takes into consideration both economic and non-economic contribution of the spouses towards marital property acquisition. During divorce, all marital property is divided between the spouses according to the distribution scheme available in the state where the divorce occurs. Unequal division between spouses can result from factors such as the length of the marriage, the property brought to the marriage by each party, whether one party has substantial assets not subject to division, the parties' contributions to the marriage, and other factors. Spouses' non-economic contributions have become a major factor in the division of marital assets during divorce. Sometimes, they are mentioned as the "services rendered by a spouse." Non-economic contributions become a critical factor in cases where the contributing spouse does not work at all. More...