Q: What is a Financial Affidavit, and How is it Used?

A: A financial affidavit looks a lot like an itemized tax return. It is a document on which couples in the process of divorce list their income sources and expenses, and where they classify their assets and liabilities as marital or non-marital property. The purpose of the document is to determine equitable distribution of property, including spousal support payments, if any.  Couples with and without children must file a financial affidavit.

Q: What is the Difference Between the Long Form Affidavit and the Short Form Affidavit?

A: As their names suggest, the difference between the two affidavits is the length and level of detail. The long form affidavit is a multi-page document with much more detail. All divorces require a family law financial affidavit. If at least one spouse has an individual annual gross income of at least $50,000, the couple must file the long form affidavit.

Q: When Should You File the Financial Affidavit?

A: Ideally, you should file the affidavit of support with your petition for divorce. You must get the document notarized before you file it with the court. You must deliver a copy of the complete affidavit to your spouse within 45 days of filing for divorce.

Q: How Does Domestic Violence Affect the Financial Affidavit?

A: Even if there is domestic violence involved in a divorce case, the parties must still file a financial affidavit.  The difference is that, if you have a protective order against your spouse because of domestic violence, you are not required to list your address on the financial affidavit.  If this is the case, you must file a Petitioner’s Request for Confidential Filing of Address. In other words, you must disclose your address to the court, but not to your spouse.

Contact Alan Burton About Division of Property

Even in relatively uncomplicated divorce cases, it still helps to get a professional legal opinion.  Contact Alan R. Burton in Boca Raton, Florida for advice about your family law financial affidavit.

The Marriage(s) of Alan and Lolita Grayson

Alan Grayson and Lolita Carson married in 1986; it was a second marriage for both. The couple went on to have five children together. In 1990, Lolita Grayson applied for United States citizenship, and Alan Grayson saw her citizenship application before she submitted it. On the application, she listed her marital status as “separated.” More than 20 years later, during the couple’s divorce proceedings, it was revealed that Lolita was still legally married to her first husband at the time that she married Alan Grayson. In 2015, a judge annulled their marriage, declaring it void because of bigamy. In other words, the court declared that the couple had never been legally married because Lolita was legally married to someone else when she and Alan Grayson married each other.

How Is an Annulment Different from a Divorce?

The Graysons’ divorce was complicated for many reasons. In addition to the couple’s acrimonious disputes over their assets, which were valued at approximately $30 million, Lolita accused her husband of physical abuse. The divorce proceedings ended up dragging on for years.

It was the revelation of bigamy that became the deciding factor in the court declaring the couple legally unmarried. According to Florida case law, bigamy is one of the most compelling grounds for annulment; it automatically means that the marriage is void. Florida law distinguishes between a void marriage (one that, legally, never existed) and a voidable marriage (one that is no longer legally valid). In some ways, an annulled marriage is like a divorce, but in some ways, it is different. For the Graysons, it meant that the court did not award alimony to Lolita. If their marriage had been valid, she might have been eligible for permanent alimony, as courts sometimes award permanent alimony in divorces that follow very long marriages. This is notable because the couple had fought bitterly over the division of their property during the divorce proceedings. At the time of the annulment, four of the couple’s five children were still minors.  Therefore, the parents were still financially responsible for them, as any parents, married, previously married, or never married, would be under Florida law.

Contact Alan Burton About Division of Property

Void marriages are an extreme case, but there is great variation when it comes to how Florida courts divide a couple’s property. Contact Alan R. Burton in Boca Raton, Florida about the division of property between you and your ex-spouse.

The initial determination as to whether an asset received as an inheritance is marital or nonmarital is rather straightforward.  The issue can become more complex as the years go on in a marriage, and the separate nature of the inheritance becomes clouded.

In order for an asset to maintain its separate, non-marital status, it is very important not to commingle marital assets with non-marital assets.  Therefore, in order to preserve the integrity of the inheritance being a non-marital asset, the inherited funds should be maintained in a separate bank account, in your own name, and you should never, ever deposit or commingle marital funds into your separate account.

If, for any reason you decide to commingle marital funds, you will probably learn the hard way that you have just converted your inheritance into a marital asset.

If there has been no co-mingling, your inheritance is relatively safe from being claimed by the other spouse as a marital asset.  However, if there has been any enhancement in value and appreciation of your non-marital assets resulting from marital labor or effort, that enhancement in value becomes a marital asset subject to equitable distribution.  An example would be if the inherited funds were placed into a brokerage account, and throughout the marriage, through the exercise of marital effort, the brokerage account appreciates in value.  A portion of that appreciation, if attributable to marital efforts and labor, may very well be classified as a marital asset subject to equitable distribution.

When there is no comingling of marital assets with non-marital assets, the burden is on the spouse seeking to argue that enhancement in value of the non-marital asset has occurred as a result of the efforts of either spouse.  This is not an easy task.  Even if you are able to prove that marital efforts were utilized to enhance the value of the non-marital account, you still need to be prepared to argue what portion of that enhancement accrued as a result of marital efforts or labor, and what portion may just have occurred as a result of market conditions, which would not be considered a marital asset.

A good case, Gromet v. Jensen, which is an easy read, explains inheritances, appreciation and commingling.  The case points out the extreme caution that you must exercise in maintaining your inheritances as their own separate property.

Mr. Gromet inherited $400,000 from his mother.  He put the money in three separate brokerage accounts, and maintained those accounts solely in his own name throughout the marriage.  In spite of Mr. Gromet taking all necessary precautions to isolate the three brokerage accounts, his wife attempted to lay claim to all of them, simply because she alleged that $1100 of marital funds were co-mingled into one of the three separate accounts set up by Mr. Gromet.

His wife was unable to prove any co-mingling of marital funds.  She simply made an assertion that marital funds were commingled, without further proof.  In spite of that, the trial court ruled that all three of Mr. Gromet’s accounts, which contained his inheritance, were marital assets subject to equitable distribution in his divorce case.

The appellate court quickly reversed this decision.  Bald assertions of commingling, without proof, does not meet the burden of proof that is required under the law to convert non-marital funds into marital funds.  Furthermore, the appellate court stated that even if $1100 of marital funds were commingled into one account, only that particular account would become marital.  The other two accounts would continue to maintain their separate character.

If you are anticipating the receipt of an inheritance, or you are concerned about maintaining the separate integrity of your inheritance, call Alan R. Burton, an experienced attorney who can provide you with the appropriate advice in protecting your inheritance.  Mr. Burton is accessible by calling him directly on his cell phone at 954-295-9222.

In the case of Somasca v Somasca, 171 So3rd 780 (Florida 2nd DCA 2015), the former husband owned commercial real property encumbered by a mortgage.  A substantial portion of the mortgage was paid down during the marriage by utilizing marital funds obtained when the wife refinanced the marital residence.  The wife was claiming 50% of the amount of the mortgage reduction as a marital asset and as a portion of her equitable distribution.

The husband responded by claiming that his separate property depreciated substantially in value during the marriage, which essentially “washed out” or canceled any claims that the wife was making in reference to a pay down of his non marital mortgage.

The appellate court was quick to note that the wife’s position was correct and the husband’s position was not supported by law.  It’s irrelevant whether or not the husband’s non marital real property appreciates in value.  The husband still acquires an enhanced amount of equity in his non marital property when his mortgage balance is being reduced.

The clear analysis of this concept is set forth in the Somasca case cited above.

When seeking a divorce, it is important to retain the services of a Boca Raton divorce attorney who has many years of experience in identifying and valuing marital assets, no matter what form they come in.  Alan R. Burton is an attorney with over 40 years of experience who is well qualified to represent you at every step of the way in your divorce case.  Call him today at 954-295-9222.

Stock is just one example of what might be considered a marital asset in a divorce case.  Stocks which are traded routinely on an exchange have a value that is easily determined.  What do you do however when you are dealing with stock in a privately held company, or stocks commonly referred to as penny stocks?  How do you go to go about valuing these types of stocks?

Bring your valuation experts to court, and present their full testimony.  For certain, a trial judge should not make a finding of value until all the evidence has been presented to the court regarding valuation.  Additionally, if both parties to the proceeding offer evidence of differing valuations, it is not appropriate for a court to take an average of the two conflicting valuations in order to assign a value to the stock.

This is precisely what the trial court did in the case of Tucker v. Tucker, 171 So3rd 158 (Florida 4th DCA 2015).  On appeal, the trial court was reversed.  The appellate court stated that “a trial court’s property valuation must be supported by competent, substantial evidence.”  The court referenced, in support of this principle, the case of Garcia v. Garcia, 25 So3rd 687 (Florida 4th DCA 2010).

When a court takes an average of two different valuations, the stock valuation was not not supported by competent, substantial evidence.

Florida law clearly prohibits the valuation of marital assets by splitting the difference between two  different valuations.

If you have a question regarding the valuation of your assets, you are entitled to a full and complete hearing to present all of the evidence that you have associated with the valuation of the particular asset.  The same holds true for the other party.  Anything short of a full evidentiary hearing may very well likely lead to a reversal on appeal.

Further information regarding valuation issues of marital assets can be obtained by calling experienced Boca Raton divorce attorney Alan R. Burton at 954-295-9222

Partition is a request that is made by one of the parties to sell jointly owned real property.  The court in the case of Martinez v. Martinez, 573 So.2d 37 (Fla. 1st DCA 1990) specifically held that a court has no authority to partition or order the sale of  jointly held real property in the absence of an agreement between the parties or a specific pleading filed in the case requesting partition.

The court does, however, have the right to award a 100% interest in a parcel of real property to one party or the other in a dissolution of marriage case, as part of the equitable distribution ordered by the court, as provided under Florida Statute 61.075.

Property rights in a dissolution of marriage case can be exceptionally complicated and certain cases. Property rights involve the identification of marital assets, valuation of those assets, and an equitable distribution of marital assets.

Often times valuation, as well as identification issues regarding marital assets arise in a divorce case.  You don’t want to be short changed at an important time in your life.  Contact an attorney who has the knowledge and temperament to provide you with guidance throughout your case.  Boca Raton divorce lawyer Alan R. Burton should be contacted at your earliest opportunity by calling him at 954-295-9222.

Before a court will grant your divorce, you and your spouse must settle numerous issues including:

• Property and debt division;
• Child support;
• Time-sharing and visitation;
• Parenting plans;
• Alimony.

If any one of those issues cannot be settled out of court, the divorce can be delayed as the court will have to decide for you. You and your spouse will have to present evidence to support your arguments for how you want to resolve the issue at trial and the judge will rule on the matter.

A recent divorce case demonstrates just how much a divorce case can be affected by adversarial disputes instead of cooperation. After 25 years of marriage, the wife of the founder of Cancer Treatment Centers for America filed for divorce. The filing occurred in 2009 and the case is still dragging on due to several disagreements regarding a prenuptial agreement, custody, and division of their millions of dollars in assets. The case has involved numerous hearings, appellate hearings, changes of lawyers, contempt orders, and other complications, and is now finally going to trial over asset and property division. In the meantime, both spouses have likely spent an enormous amount of money, stress, and time dealing with the divorce proceedings and have been unable to remarry since their marriage is not yet dissolved after more than six years.

Finding Ways to Come to a Resolution

It is unreasonable to expect every divorcing couple to agree on every issue. However, there are numerous ways to facilitate cooperation and agreement even if spouses do not initially agree. Some options for couples to resolve issues in a more efficient and amicable way include the following:

• Mediation;
• Collaborative divorce;
• Negotiation.

It is important to explore one or more of these options before you take your case to court for a more costly and time-consuming resolution. In addition, the above methods allow you to settle matters on your own terms because, when you go to court, the ruling is out of your hands.

Discuss Your Case With an Experienced Boca Raton Divorce Attorney Today

At the law office of divorce lawyer Alan R. Burton, we understand the importance of an efficient resolution in a divorce case so that you can move on with your life as soon as possible. However, we also know that agreement is not possible in every case. For this reason, we will help you explore every possible option to come to an agreement, however, are also prepared to represent you in court if it is necessary for a fair and favorable result for you. If you are considering divorce, please call us as soon as possible at 954-229-1660 for a free consultation.

During a divorce, Florida law requires the fair and equitable division of all jointly-owned property and this law applies to debts, as well. However, dividing up debts can be complex, especially if some debts are owned individually and others jointly. The name on the debt does not always mean that person will be solely responsible for the payments, however, and it is important to discuss debt division with an experienced divorce attorney who understands the relevant law. The following is some brief information regarding the division of certain debts in divorce:

Student Loans

Student loans are often individual debts unless the spouses cosigned on the loans or the loans were acquired during the marriage. In such cases, the loans would be considered marital debt and you may be held responsible for sharing the payment unless you and your spouse can agree otherwise. However, even if you agree that your spouse will be responsible for the loans, your name will likely remain on the loans and any failure to repay could affect your credit.

Credit Card Debt  

Credit cards are generally in the name of one person only and the other spouse is generally made an authorized user. However, if the debt was incurred during the marriage, it will likely be considered marital debt regardless of whose name is on the account. One exception to this may occur if your spouse purposely racked up a significant amount of debt in anticipation of the divorce. In such cases, a court may determine that debt will be their responsibility.

Mortgage

If you and your spouse bought a home together, your mortgage will likely be the largest debt you have. In many cases, especially if you do not have children, you may decide to sell the house to eliminate the debt all at once. However, if your spouse decides to stay in the home, you will likely have your part of the debt bought out. If you stay in the home and you cannot afford to buy your spouse out of the mortgage, you may be able to come up with another way to make up for it, such as giving them a greater portion of your assets or other property.

Contact a Divorce Attorney in Boca Raton for Help

When you are facing divorce, you likely already have enough financial concerns without having to worry about paying your spouse’s debts. Experienced divorce attorney Alan R. Burton knows how to fight for your right to a fair division of debt in line with Florida property division laws. In addition, Mr. Burton will assist in ensuring all child or spousal support determinations are fair so that you can emerge from your divorce in the best financial situation possible. We offer free consultations, so please contact our office at 954-229-1660 for help today.

States laws can vary and some states recognize common law marriages, meaning a couple will have marital rights if they consider themselves to be husband and wife for a certain period of time. Florida law, however, specifically states that any common law marriages that started after January 1, 1968 are void and invalid. In some cases, Florida courts may recognize common law marriages that started in another state if that allows common law marriage, though no couple can enter into one of these marriages within the state and have it be recognized as a legal union.

Property Rights for Unmarried Couples

No matter how long you are together, if you did not get a marriage license and have a legal ceremony, you are not afforded the same rights to equitable division of property under the law as married couples. This can cause disputes for couples who have been together a long time and have comingled their property or have purchased real estate together. Similarly, debts will not be equitably divided either and each partner will generally be held liable for debts in their name.

If you have been partners with someone for a long time and have no plans to get married, you can consider entering into a written contract that can set out how your property and debts should be divided in the event of a break up. You should also plan to include your partner in your will if you want them to inherit your property, as they will not automatically inherit anything under the law without a specific provision in a will.

Parental Rights Without Marriage

With or without marriage, biological parents can still have custody and support rights after a breakup. A mother automatically has parental rights and responsibilities, however, it is important for a father to establish legal paternity so that he can also have full parental rights. An experienced family law attorney can advise on the different ways to legally establish paternity in Florida.

Find Out How an Experienced Boca Raton Family Lawyer Can Help

Legal issues relating to family can arise whether or not a couple is married or unmarried. If you have any concerns or are facing a family law matter, you should not hesitate to consult with an experienced Boca Raton family law attorney who understands Florida laws. The law office of Alan R. Burton offers free consultations with no obligation, so please call today at 954-229-1660 for more information.

One important tool in dividing rights to retirement accounts is the Qualified Domestic Relations Order, commonly called the QDRO. When a person owns a retirement account, he or she will likely initially be the only payee who will receive the proceeds of that account. However, retirement funds saved and invested during a marriage are considered to be marital property, even if the funds only came as a result of the job of one spouse. In the event of a divorce, one spouse may obtain the rights to also be an alternate payee for the retirement account.

However, certain plans such as those under the Employee Retirement Income Security Act (ERISA) will not simply pay the funds to an alternate payee without the appropriate paperwork. In such situations, a QDRO is needed to ensure the divided funds go to the former spouse or other dependent.

A QDRO is a court order that legally instructs the retirement or pension plan to split the payouts among the designated payees according to the percentages or amounts set out in the QDRO. A QDRO can be used to obtain retirement funds for the following reasons:

• As part of the division of marital property;
• As part of spousal support payments;
• As part of child support payments.

Simply because divorcing spouses agree to divide retirement accounts does not mean that the retirement plan is under any legal obligation to do so unless it has a QDRO. The amount that must be paid according to the QDRO will depend on many factors including whether there were retirement savings prior to the marriage or any specific property division agreements that divided the accounts in a way that was not 50% for each spouse.

In order to be valid, a QDRO must have many specific pieces of information, including:

• The name of the retirement plan;
• The full name, social security numbers, and contact information for both the initial payee (the employee) and any new alternate payees under the QDRO;
• The amount to be paid to each payee and the duration for benefits to be paid to the alternate payee, if applicable.

Contact a Qualified Divorce Lawyer in Boca Raton Today

Dividing assets in divorce can be relatively simple or can be extremely complicated. Whether your property is minimal or whether you and your spouse have multiple retirement accounts, business interests, real estate properties, and more, the law office of Alan R. Burton in Boca Raton can help you. Mr. Burton is a highly experienced family law attorney and understands how to handle divorces involving high or low assets in the most efficient way possible. Please call for a free consultation at 954-229-1660 as soon as possible.

The wife of songwriter, singer, and successful music producer Timbaland filed for divorce at the end of June. She previously filed in 2013 though that case was dismissed as they attempted to reconcile. Apparently that attempt at reconciliation was not successful, as now she has not only filed again but requested many different types of financial support, including the following:

• Child support for both their biological daughter and her son from a prior relationship
• Support for private schools, summer camps, and vacations
• Life insurance
• Lump sum financial award
• Spousal support while the divorce is pending
• Rehabilitative alimony
• Permanent alimony
• Attorney’s fees

Because of the amount of money that she is seeking, it is likely that the couple did not sign any type of premarital agreement limiting the support she would receive in the event of divorce.

The amount of support she may be granted will depend on many different factors. For example, reports indicate that she does not have assets of her own, so she has no way to immediately support herself and her family. It will also depend on the amount of money Timbaland actually earned during the marriage and how much will be considered separate property if it was amassed prior to their wedding in 2008. The division of property will also depend upon state laws because, unlike Florida’s equitable division law, California is a community property state and has different methods of property distribution in divorce.

In regard to child support, Timbaland will likely be required to provide a substantial amount for their biological daughter. His wife claims that, even though he is not the biological father of her older child, Timbaland claimed the child “as his own” both privately and publicly. It remains to be seen whether or not the family court will find enough evidence to require Timbaland to provide support for a child that is not legally his own.

Overall, it seems that the divorce will involve complex issues and may require extensive negotiation and court intervention to settle them.

Discuss Your Case With an Experienced Boca Raton Divorce Attorney Today

Any divorce can have legal issues arise. However, divorces involving parties with significant assets, children, and no premarital agreement can become particularly complicated and costly. If you have a substantial financial fortune, it is imperative that you seek help from a divorce lawyer who knows how to handle this type of case. Boca Raton family law attorney Alan R. Burton has extensive experience handling all types of divorce cases, including those with a lot of money at stake. Mr. Burton will protect your best interests, so call today at (954) 229-1660 for help.

While this husband’s video entertained millions of viewers and his actions garnered international attention, pulling such a stunt is not advisable in the face of divorce from a financial and legal standpoint. In fact, in a Florida divorce case, that husband would likely face financial consequences for destroying marital property in such a manner.

Property Division in Accordance with Florida Law

Florida law mandates that division of all marital property must be equitable. Equitable does not mean equal (and especially does not mean cutting everything directly in half), but instead means that the division should be fair. What is fair will depend on many factors including the nature of the property, the length of the marriage, contributions to the household, and much more.

Many angry spouses may have the desire to destroy some of their marital property simply to keep their spouses from having it. This can include spending lavish amounts of money or physically destroying personal property. However, courts will take such behavior into consideration when making other determinations regarding the divorce case. For example, if you waste money or property, a court may award your spouse more of the remaining property to make up for it. Courts may also award your spouse additional alimony due to your wrongdoing. Furthermore, vengefully destroying property can also affect how a court views your character when making custody determinations. The court can also take into account whether you seem to be uncooperative in the divorce process when deciding what is fair and equitable.

In short, while sawing your property in half may make for an entertaining viral video, it will likely cause difficulty in your divorce case. It is always important to consult with an experienced divorce lawyer before taking any action regarding your property, especially before doing anything dramatic or impulsive that may affect your case.

An Experienced Boca Raton Divorce Attorney Can Help You

One of the main functions of a qualified divorce attorney is to advise you on what to do and what not to do throughout the course of your divorce case. A Boca Raton divorce lawyer will be able to provide an objective point of view with Florida’s divorce laws in mind to ensure you receive the most favorable outcome possible. If you are facing divorce or want to discuss any matter involving family law, call the law office of Alan R. Burton at (954) 229-1660 for assistance today.

If Lois remains married to Martin until his death, she would retain access to their homes in Palm Beach and New York City, their cars, their club memberships and art, and will receive an estimated $10 million. If the judge grants the divorce, Lois will receive none of Martin’s $50 million dollar estate based on a prenuptial agreement they signed prior to marriage and his children will instead inherit all of his wealth. The judge stated that he will have to determine whether or not each side is simply fighting over money or whether they truly have Martin’s best interests in mind. Each side, of course, claims the case is not about the money.

Divorce Involving an Incapacitated Person in Florida

Florida has a law in place intended to protect mentally incapacitated individuals whose spouses try to divorce them while they cannot defend their rights. The statute requires the filing spouse to wait until the incapacitation has lasted for at least three years before a court can grant a divorce. However, the incapacitated person is generally not the one who is seeking the divorce in the first place.

Even though the probate judge last year found that Martin Zelman had the capacity to file legal claims, the family court could decide that Martin is an incompetent witness, which would halt the divorce proceedings. If the court finds that he does not have the adequate capacity to get divorced, the judge could also potentially make them wait at least three years under the law. It is not clear what this waiting period would accomplish in this particular case, however, as Lois does not want to get divorced. We will have to wait and see what the court decides at an upcoming hearing.

An Experienced Boca Raton Divorce Attorney Can Help You With Your Case

Divorce cases can have many unique issues and you always want to have a lawyer handling your case who thoroughly understands Florida divorce laws and how they apply to your unique situation. Family law attorney Alan R. Burton knows how to handle even the most complicated divorce cases and will always zealously defend your rights. If you are facing divorce or any other type of family law matter, please call our Boca Raton office today at (954) 229-1660 to discuss how we can assist you.

If a spouse loses a loved one, they may have received an inheritance, which may include liquid assets, property, investments, titles, and more. While inheritances can have substantial financial value, they also may have significant emotional value, as well, especially in the case of family homes, businesses, heirlooms, or other meaningful property. If you receive an inheritance and are considering divorce, it is only natural that you may be concerned about the fate of the inherited money or property.

Is an Inheritance Marital or Non-Marital Property?

The answer to the above question varies from case to case. Generally speaking, an inheritance is assumed to be non-marital property, which means it is not subject to division in divorce and you will get to keep the entirety of the inherited property. However, there are two main exceptions in which an inheritance may be deemed marital property.

First, if the inheritance was written in both of your names, it will be deemed marital property even if it came from a deceased loved one on your side of the family. This is occasionally the case in longer marriages where the spouses had close relationships with their in-laws, who included the spouses’ names together in a last will and testament.

Second, your inheritance may be converted to marital property if it was “commingled” with other marital funds. To commingle is to blend non-marital and marital funds in a single account or investment, so that they can no longer be distinguished. Additionally, if you put your inherited assets toward a marital purpose, such as buying a house or paying off joint debts, the court may consider that property to be commingled and divisible upon divorce.

If your inheritance has been commingled but you still believe it should be considered non-marital property, you will have the burden of proving why the court should not divide those assets or property. In such cases, you always want to have a divorce attorney who has extensive experience handling cases involving inheritances and other complex property division issues.

Contact a Boca Raton Divorce Attorney for a Free Consultation Today

Boca Raton divorce lawyer Alan R. Burton understands how important your assets—and particularly inheritances—are to you and your future. Mr. Burton knows how to fight to make sure you retain both the marital and non-marital assets you deserve in your Florida divorce case. If you are facing divorce, call our office today at (954) 229-1660 to schedule your free case evaluation as soon as possible.

In order to answer this question you need to know what a marital asset is. A marital asset is any asset acquired during the marriage. An engagement ring is generally a gift that is received prior to a marriage, therefore engagement rings are nonmarital, separate property of the recipient spouse.

A distinction should be made between gifts of jewelry that are made between the parties during the marriage. These items are considered interspousal gifts, and interspousal gifts are treated as marital assets.

Any jewelry that is received as a gift during the marriage from someone other than your spouse is considered your own separate property. For example, if you were to receive a ring that has been in the family for many generations, that would be considered a separate gift and your own separate property.

Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them.

The enhancement in value and appreciation of nonmarital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both.

Interspousal gifts during the marriage.

All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit sharing, annuity, deferred compensation, and insurance plans and programs.

All real property held by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset. If a party wants to make a claim to the contrary, the burden of proof shall be on the party asserting the claim that the subject property, or some portion thereof, is not marital

All personal property titled jointly by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset. In the event a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim that the subject property, or some portion thereof, is nonmarital.

Good cause is defined as extraordinary circumstances that require an interim partial distribution. In order to obtain this type of relief, you are required to file a sworn motion setting forth specific factual basis for the relief that you are seeking. You would have to demonstrate to the court good cause as to why the court should not defer its ruling until the final hearing.

As just one example, employing this technique for an interim partial distribution of marital assets can be extremely helpful if one person is in need of immediate funds.

There are many, many situations that would require the necessity of seeking an interim partial distribution award. The point to note here is that you do not have to wait until you your case concludes in order for you to receive money or other marital assets.