ED Questions


#1
  1. If marital property can’t be unilaterally disposed of, then would a will or trust drawn up by spouse that attempts to do so, even if it’s our own child, be invalid?

  2. Are the following considered in ED negotiations or at trial–a) the fact that my cost for health and dental insurance would be extremely expensive ( I currently have group insurance through spouse for both) b) my loss of tax deductions (dependent child, head of household,
    mortgage deductions if I can’t afford to buy a house) c) How long am I guaranteed access to spouses’ health and dental insurance (regardless of what they charge me-- just access to them)
    through COBRA and/or continuation policies – I may not be insurable otherwise

  3. Can either spouse be forced to continue current Life insurance or Disability insurance and can either be forced to continue with the beneficiary as currently named? Is disability used in ED negotiations?

  4. Is a leased car considered in ED negotiations either as asset or debt?

                                                                                            Thanks

#2

A will is not effective to distribute property that is not owned by the decedent.

You can remain on your spouse’s insurance until divorce, and income and earning ability of both parties can be a factor argued in an ED case.

A court can order one party to maintain insurance if the court finds it to be necessary.

A leased car is considered in ED, normally however it comes out to be a debt.