Thursday, March 13, 2014

Equitable Distribution of Property (Third Edition)

New features and recent developments in this 2013-2014 update include:

  • New discussion of tracing issues involving sick and vacation leave (section 5:11)
  • New discussion of comp time as marital property (section 5:11)
  • New discussion of whether individual retirement accounts (IRAs) are subject to ERISA, such that a QDRO must be obtained when IRA benefits are directly divided (section 6:18)
  • Revised discussion of whether use of marital funds to pay living expenses incurred after the date of classification constitutes dissipation of marital property (section 6:105)
  • New discussion of whether equitable distribution is available following a foreign divorce decree from a country that does not divide marital property upon divorce (section 9:20)
  • Additional case law discussing enforcement of express and implied hold-harmless obligations regarding marital debts after one spouse's direct liability to the creditor has been discharged in bankruptcy (section 9:22)

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