Property Rights in Divorce.
During the divorce process the issue of your rights in your own, non-marital property, presents itself. Division of marital property is quite different from enforcing your rights to your own non-marital property. Non-marital property is generally that property that you owned before the marriage. Another form of non-marital property is property that you inherit or is gifted to you (not by your spouse) during the marriage. It is important to clearly identify this property and have it recognized as non-marital or else your spouse might unjustifiably acquire an interest in your property. This area can become quite complex, for example when your property is commingled with marital property. That creates what is called a "tracing" problem and sometimes requires the services of a forensic accountant to assist your family law attorney. Examples could be bank accounts, stock brokerage accounts, IRA's and 401(k) accounts. Only an experienced family law attorney will be able to give you proper ad
This is a type of support most sought after by spouses in need and most dreaded by the spouse that is the primary wage earner. It is paid monthly until the recipient re-marries or dies. It can last duration longer the marriage itself! It sometimes provides a disincentive for the recipient to work and breeds resentment in the party that pays. Permanent periodic alimony is generally awarded in marriages of long-term (20 years or more) duration and if the recipient spouse is older and therefore more likely to be in need of being supported. However this type of alimony could be awarded in short term marriages if the circumstances so require, for example, if the recipient has serious health problems.