离婚时什么是财产?

• 2022年11月30日
• bet9九州体育登录线路
• 离婚

婚姻结束后，通常会出现无数的问题. 很多夫妻问我们律师的第一个问题是, 离婚时到底什么是财产?“在印第安纳州，任何财产都被视为资产 离婚协议，不管它是如何获得的. Because 印第安纳州 is not classified as a community 财产 state, 你的任何财产都不会被视为共同财产. 离婚的结果通常是一半一半 资产分割, 但在某些情况下可能会导致分配不均, 取决于不同的因素.

什么是离婚协议中的财产?

所有资产均为共同所有, 和 includes anything purchased by one spouse or made as a joint purchase. 这与许多州不同, where “marital assets” are only considered to be those items or 财产 that are purchased during the course of the marriage. Assets can include — but are not limited to — the following:

• 珠宝
• 婚姻期间挣的钱
• 退休账户
• 车辆
• 家庭和财产
• 集合
• 纪念品
• 企业
• 投资组合.

离婚后哪些资产是安全的?

The majority of family courts in the country recognize that spouses own separate 财产 除了它们的组合属性. 不幸的是, 印第安纳州 is one of the states where couples are not automatically awarded their separate 财产. 所有的资产都是公平竞争的 离婚协议, which can lead to contention between the parties or their attorneys. 构成夫妻财产的资产是 离婚时就分开了. Aside from certain properties, there are a few other assets that are safe from 离婚协议s.

礼物和遗产

在印第安纳州, even gifts 和 inheritances are not considered separate or undivided 财产, meaning the spouse who received an inheritance may still be liable to split a portion of any assets obtained in this way. 尽管如此, the majority of state laws stipulate that spouses who want the 财产 to be treated as separate 财产 have the burden of proving it.

婚前财产

在印第安纳州， 财产 that was brought into the marriage by either party is no longer considered separate. It enters the pool of marital assets 和 is subject to division either by settlement or through the court system. 这是同样的处理，如果旧财产已经 合并后的 与其他夫妻财产.

国家法律

有两种状态: 公平分配州 和 夫妻共有财产州. 根据州法律, 在共同财产州, any 财产 acquired during a marriage is owned jointly by both spouses. Property owned prior to marriage 和 财产 that was given or inherited by the spouse is usually excluded from 夫妻共有财产州. 夫妻共有财产州已经所剩无几了. 印第安纳州, as well as most states, have equitable distribution of assets in a 离婚. 这项法律考虑了各种因素, including the needs 和 financial contribution of each spouse during the marriage. 离婚s that are not disputed can be quickly concluded through an agreement between the spouses.

每项协议的财产

The spouses can negotiate this issue among themselves if they don’t like the default rules the state uses. 在一个 离婚，这可以通过调解或谈判来完成. 例如，配偶可以同意分割财产. 法官可以在离婚判决书中包括这项协议. As an alternative, spouses may come to an agreement before getting married. 婚前协议, 例如, may specify how 财产 will be h和led in the event of 离婚 or death. There are often specific procedures that must be followed for prenuptial agreements to be enforceable, such as disclosing certain financial information 和 being informed of the need to seek independent legal advice. 不像婚前协议, a postnuptial agreement is entered into after a couple has al准备好了 become married.

Frequently Asked Questions About What Can Be Considered an Asset in 离婚

离婚并不一定是一个艰难的过程. 根据你们州的离婚法, you must meet certain requirements before you can file for 离婚. 只要你提出离婚, other factors such as 孩子的抚养费 和 spousal support come into play. Below you will find a few questions most people ask when going through a 离婚.

谁决定资产如何分配?

Divorcing spouses are usually free to divide their 财产 however they see fit under a “marital settlement agreement.” This contract divides 财产 和 debts 和 resolves other issues of a 离婚. A large number of 离婚s are settled without the need for a judge to decide 财产 or other issues, 尽管很多都是以非常尖刻的言辞开始. If the division of 财产 cannot be settled, the court must decide.

我会得到配偶赡养费吗?

In order to receive spousal support (known as spousal maintenance in 印第安纳州 和 肯塔基州), there are a few contributing factors that will determine the specifics of your case. 这包括额外收入的需要, 付款人有足够的资金, the length of the marriage 和 the health of each party involved.

离婚会让我失去退休金吗?

Retirement plans 和 pensions are marital assets; typically, they will be divided based on the portion earned during the marriage. Your prenuptial income may also be considered a marital asset, depending on your state. The pension, however, may be offset by other assets in order to keep it intact.

如果我有孩子的监护权，我应该保留房子吗?

除了税收和保险, it’s important to determine how much it will cost to maintain the house. 作为下一步, determine if there is enough money coming in each month to keep the house in good condition. 然后, the decision about whether to keep the home should be compared with the decision about whether to give up other assets such as liquid accounts 和 retirement plans. All decisions should be made in light of current economic 和 stock market conditions.

应该支付多少子女抚养费?

在印第安纳州， 孩子的抚养费 is based on guidelines that utilize weekly income as the basis. The court will verify all gross income through a worksheet that each party is required to submit, 详细说明他们的收入和支出. 收入包括所有工资, 佣金, 奖金, 租金及版税, 加班和任何其他形式的不稳定收入.

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