Equitable Distribution

Separately Owned Gifted Property Does Not Becomes Marital Property By “Family-Use”

Feb 07, 2014

The “Family-Use” doctrine morphs separately-owned property into marital merely because it was used by the family. The latest case, Renfro v. Renfro (http://courts.ms.gov/Images/Opinions/CO84915.pdf), decided by the COA on July 30, 2013, is yet another where the appellate court did not agree with the chancellor’s application of the concept. Claudia and Johnny Renfro married in 1987, […]

Burden is Upon Husband/Owner of Business to Prove Value of Business

Jan 22, 2014

In the case of Boyd vs. Boyd, PICS Case No. 13-3256 (C.P. Lawrence County, October 7, 2013), the Honorable John W. Hodge ruled that where husband maintained exclusive control over the evidence necessary to establish the value of business on the date of the parties’ marriage, he bore the initial burden of presenting such evidence […]

Equitable Distribution; Health Insurance Coverage is Supplemental; Form of Alimony

Jan 14, 2014

In the case of Thomas vs. Thomas, PICS Case No. 13-3238 (C.P. Lawrence County, Nov. 12, 2013), the Honorable Thomas M. Piccione sustained husband’s exception regarding a master’s recommendation that he pay wife’s health insurance expenses for six months after entry of a divorce decree because requiring husband to pay for healthcare coverage was a […]

Equitable Distribution; Business Opened Post Separation; Marital Debt; Valuation Method

Dec 11, 2013

In the case of Kimmel vs. Kimmel, PICS Case No. 13-3096, (C.P. Lawrence County), the Honorable John Hodge ruled that the exceptions to a master’s distribution of a couple’s property were largely denied where the master correctly distinguished pre-marital and marital assets by identifying equitable advances of funds and post-separation withdrawal of funds used to […]

Non-Marital Assets Converted to Marital Assets: Burden of Proof

Nov 19, 2013

Christopher and Tammy Clausell purchased a jointly-titled home in 2003, using a cashier’s check for $60,000 that was derived from settlement of a personal-injury claim that Christopher had before the marriage, but that he received post-marriage. In 2005, after Hurricane Katrina, the parties received a joint grant of $98,000, of which they devoted around $78,000 […]

Equitable Distribution of Hidden Assets In A Divorce Proceeding

Oct 28, 2013

What do you do when one party have hidden assets she claims are separate, and refuses to divulge their whereabouts? You divide them anyway. At least that is what happened in Wilson v. Wilson (http://courts.ms.gov/Images/Opinions?CO84337.pdf), decided June 11, 2013, by the COA. Penny and Gregory Wilson had the kind of financial arrangement that one sees […]

Why Where You Divorce Matters: Equitable Distribution vs. Community Property

Oct 23, 2013

Where you divorce matters. Each state has its own unique rules governing the allocation of assets during the divorce process, and these rules can vary significantly. A court in New York and a court in California will follow strikingly different rules in dividing the assets of divorcing couples. This sharp divergence between state laws is […]

Equitable Distribution of Marital Property in a Divorce

Sep 09, 2013

The Law Firm of Pozzuolo Rodden, P.C., Philadelphia Family Law Attorneys, announces the release of the article “Equitable Distribution of Marital Property in a Divorce”. In Pennsylvania “marital property” is defined as “all property acquired by either party during the marriage and the increase in value of any non-marital property.” Simply put this means that […]

The Financial Dissolutions of a Marriage (Part 2) Equitable Distribution

Sep 06, 2013

The Law Firm of Pozzuolo Rodden, P.C., Philadelphia Family Law Attorneys, announces the release of the article “The Financial Dissolutions of a Marriage (Part 2) “. In the previous blog, we covered the topic of the support and maintenance of the spouse and children during and after a divorce. In today’s blog, we will discuss […]