Ed


#1

Our ED trial has been delayed due to deployments. It has been around 7 months. Is ED based on current and future income or income during the marriage?

Does all bank and debt information have to be subpoenaed again since it has been 7 months?


#2

Income does not normally affect ED at all, but if there is a large disparity in the parties’ incomes or a large difference in income potential the court can consider it as a factor in awarding and unequal distribution of property in one parties’ favor.

Valuation for purposes of ED is based on the date of Separation values, however present day value can be relevant in some instances, and so the recent records could be useful.


#3

I was a stay at home mom waiting on disability. Ex spouse feels we should split the debt when I was not working. Also, I have 30k in my home which I owned before marriage which I believe he is not entitled because I had a interest only loan during the marriage. Ex spouse also has a home he did rent out during marriage but he paid the difference between mortagage and rent out of martial funds.

During separation I was awarded a small income on disability. I have custody of our minor child. Given this situation could the debt be split because I was award disability and have 30k in my home? He is also asking for washer and dryers, TV and other household items even though i take care of the child and he is gone every year for half the year due to business travel. His home is negative in value but balance was reduced during marriage. Can he be awarded the household items as well?


#4

Debt acquired during the marriage is martial in nature and subject to equitable distribution, which is presumed to be equal. Your being on disability and/or having no income, or less income than your spouse could certainly be a factor in awarding you an unequal distribution (less of the debt).
Your home is your separate property, any principal reduction on the home would have some martial value. The depreciation on his property is his separate burden.
He can be awarded household goods as part of the distribution.