Law Commons^™

A Game Theory View Of Family Law: Planning For A 500% Family Tax, Steven J. Willis

FIU Law Review

Divorces involve money, which can prompt fierce legal battles. These include family obligations for child support, alimony, and property division. Small income changes can have huge consequences. For example, a $1,000 income increase can result in $5,000 of increased family obligations. A $10,000 increase can produce $50,000 of obligations. Or a $10,000 decrease can result in $50,000 of reduced obligations.

Money And Betrayal: Perceptions Of Alimony Fairness In Relation To Infidelity, Jessica Wery, Michael Kothakota

Journal of Financial Therapy

Alimony is a contentious topic often argued over during a divorce. Individuals getting divorced seek fairness in an alimony settlement, but due to how laws are written this can seem arbitrary. Public policy suggests laws should reflect the suggestions of the people it affects. Thus, public perception of alimony fairness is an important component in the discussion of what is fair for spouses. In addition, infidelity in marriage might change how the public views what is fair. This study collected data from 1,285 individual United States participants. Participants were randomly assigned a vignette condition related to a hypothetical alimony scenario …

Child Support And Joint Physical Custody, Raymond C. O'Brien

Catholic University Law Review

Child custody has evolved to the point where, at a minimum, states provide a mediated process by which parents may formulate parenting plans with court-appointed assistance. At a maximum state legislatures and courts increasingly consider joint physical custody awards. While joint physical custody safeguards the fundamental rights of parents, it nonetheless prompts practical concerns in awarding child support. Today, child support begins with state statutory guidelines, but the guidelines often fail to adequately address the economic consequences of two complete residences, one supported by a parent with fewer economic resources, and the fact that oftentimes the child drifts from one …

Alimony: The Taxing Economic Implications Of Divorce, Jared Mason, Amaia Kennedy

Brigham Young University Prelaw Review

In 2017 alone, over 750,000 American couples chose to divorce3.

Nationally, fifty percent of marriages end in divorce, with each of

these marriages lasting eight years, on average. Put another way,

a divorce occurs every 13 seconds, and each of those divorces is

expensive, with an average cost of approximately $15,000 per person.

In Search Of A Theory Of Alimony, John C. Sheldon, Nancy Diesel Mills

Maine Law Review

Maine's alimony statute is full of good advice. It directs judges who hear requests for alimony to “consider” all kinds of things, from the parties' individual wealth to their individual health, from their respective ages to their respective wages, from the length of their marriage to the strength of their educations. And, as if to subdue any doubt about the breadth of this assignment, the statute then invites judges to take into account “any other factors the court considers appropriate.” In short, the statute grants judges almost unlimited discretion in awarding alimony. Power notwithstanding, however, anyone who reads the statute …

Alimony's Job Lock, Margaret Ryznar

Akron Law Review

In family law, courts often prevent people who owe alimony from changing jobs. If a job change is accompanied by a salary decrease, the court will not necessarily readjust the alimony obligation and instead impute the higher income to the obligor. This Article introduces the term “job lock” to describe this situation, borrowing the term from the health care context, wherein job immobility due to health insurance concerns has received significant scrutiny. This Article draws similar attention to the alimony context, proposing a balancing test to assist courts interested in alleviating job lock under certain circumstances.

Divorce - Pendente Lite Awards - Counsel Fees - Costs - Alimony - Effect Of Equal Rights Amendment; Wiegand V. Wiegand, Joseph M. Donley

Akron Law Review

THE PENNSYLVANIA SUPERIOR COURT, in Wiegand v. Wiegand,struck out at one of the true bastions of sex discrimination incorporated into the Anglo-American legal system. The legislated discrimination of the Pennsylvania Divorce Law was the object of the court's scrutiny. Appellee Sara Wiegand had filed a complaint in divorce a mensa et thora, a petition for alimony, and an initial petition for alimony pendente lite, counsel fees, and expenses. On August 14, 1967, the Court of Common Pleas, Allegheny County, ordered appellant Myron Wiegand to pay $875 per month alimony pendente lite and $250 preliminary counsel fees. Subsequently, appellee filed additional …

Divorce And Alimony; Separation Agreements; Jurisdiction Of Court To Modify; Impairment Of Contract; Statutory Provisions; Wolfe V. Wolfe, John J. Lavin

Akron Law Review

WITH THE decision of Wolfe v. Wolfe 1 the Ohio Supreme Court joins the majority of American jurisdictions' which hold that where a court has the general power to modify a decree for alimony or support the exercise of that power is not affected by the fact that the decree is based on an agreement entered into by the parties to the action

Divorce And Alimony; Separation Agreements; Jurisdiction Of Court To Modify; Impairment Of Contract; Statutory Provisions; Wolfe V. Wolfe, John J. Lavin

Akron Law Review

WITH THE decision of Wolfe v. Wolfe the Ohio Supreme Court joins the majority of American jurisdictions' which hold that where a court has the general power to modify a decree for alimony or support the exercise of that power is not affected by the fact that the decree is based on an agreement entered into by the parties to the action.

A Professional Degree Is Not Marital Property Upon Divorce: Stevens V. Stevens, Katherine Scheid

Akron Law Review

This Note first analyzes the Stevens court's opinion and concludes that it fails to give sufficient direction on how to determine the amount of the alimony award in order to sufficiently compensate the supporting spouse. Second, this Note explores the ways in which courts in other jurisdictions have attempted to compensate the supporting spouse. Finally, this Note proposes two alternative methods of valuing the supporting spouse's contribution. One method applies if the court, as in Stevens v. Stevens, holds that contribution toward a technical degree is not divisible marital property but should be considered when awarding alimony. The second …

“Alimony For Your Eggs”: Fertility Compensation In Divorce Proceedings, Katelin Eastman

Pepperdine Law Review

This Comment explores the history and reasoning behind divorce in the United States, examines contemporary alimony jurisprudence, and assesses the viability of fertility compensation in divorce proceedings, arguing that there is, in fact, a legal basis for awarding such reparation upon divorce. Part II surveys divorce at common law and details the impact of the Uniform Marriage and Divorce Act (UMDA) and its introduction of no-fault divorce. Part III discusses alimony under New Jersey state law, with particular emphasis on reimbursement alimony after the Reiss trilogy, the Crews marital standard of living, and the impact of Assisted Reproductive Technology (ART) …

Faking Equity: A Critique Of The New York Equitable Distribution Statute As Applied To Licenses And Degrees Under The O'Brien Decision, Nicole Giannakis

Touro Law Review

No abstract provided.

Dissolution Of Marriage: California Spousal Support, Sarah J. Hoover

Pepperdine Law Review

No abstract provided.

The Dischargeability In Bankruptcy Of Debts For Alimony And Property Settlements Arising From Divorce, John Francis Murphy

Pepperdine Law Review

No abstract provided.

Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer

Barry Law Review

This article explores life insurance considerations in Florida dissolution of marriage proceedings, reviews current applicable law, and suggests methods of effectively dealing with life insurance in the divorce context.

A Case Of Forced Equity: Obtaining Spousal And Child Support From A Member Of The Armed Forces, Georgetta Beck

Golden Gate University Law Review

This Comment presents an overview of procedures which the practitioner may employ to obtain spousal and child support from a service member stationed in the United States, identifies problems which may arise in these efforts, and discusses strategies to overcome those obstacles. The first section explains the military procedure for obtaining support and discusses the advantages and disadvantages of that approach. This Comment will focus on Army procedure and regulations; other branches of the Armed Forces have a similar, but not identical, approach to the pervasive problem of nonsupport. The second section discusses problems peculiar to obtaining a support order …

Equity And Economics: A Case For Spousal Support, Bianca G. Larson

Golden Gate University Law Review

No abstract provided.

At A Cross-Road: Anti-Same-Sex Marriage Policies And Principles Of Equity: The Effect Of Same-Sex Cohabitation On Alimony Payments To An Ex-Spouse, Jill Bornstein

Chicago-Kent Law Review

In the wake of anti-gay marriage policies in the United States, courts and state legislature alike are struggling to reconcile these policies with well-established principles of equity in the law. This note examines states' anti-same-sex marriage policies as they relate to the states' respective policies regarding alimony termination. Generally, upon divorce, the dependent spouse from a dissolving marriage will receive alimony payments from the independent spouse until the death or remarriage of the dependent spouse. Many states have expanded the definition of "remarriage" to include a dependent spouse's cohabitation with another individual in a financially interdependent, conjugal relationship. Terminating alimony …

Nevada Alimony: An Important Policy In Need Of A Coherent Policy Purpose, The Honorable David A. Hardy

Nevada Law Journal

No abstract provided.

One More Time: Alimony, Intuition, And The Remarriage-Termination Rules, Judicial Termination Rules, Al Termination Rule, Cynthia Lee Starnes

Indiana Law Journal

No abstract provided.

Relational Contract And Other Models Of Marriage, Robert Leckey

Osgoode Hall Law Journal

This article proposes relational contract as a model for analyzing marriage under Canadian law. In contrast, in Bracklow v. Bracklow, the Supreme Court of Canada recognized two "competing" models of marriage and three models of spousal support. The difficult policy issues in the law of spousal support relate not to a tension between different models but instead go to compensation, including reliance and expectations. This article uses relational contract to critique Bracklow, considering the challenges in defining models. The Court's basic social obligation model and its non-compensatory support are unjustifiably broad, and its compensatory support is too narrow. In assessing …

Looking At Marriage, Naomi Cahn

Michigan Law Review

In a recent book (not the subject of this Review), highly successful and popular authors John Gottman and Nan Silver set out their seven effective principles for making a marriage last. The final suggestion is that spouses should "create shared meaning, an inner life together that is rich with symbols and family rituals and that honors the hopes of both partners." In a happy marriage, the couples not only provide support for each other, but also "build a sense of purpose into their lives together." Professor Gottman has developed these principles as a result of twenty years of research and …

Bringing Consistency To The Financial Arrangements At Divorce, Allen M. Parkman

Kentucky Law Journal

No abstract provided.

Divorce Reform And The Legacy Of Gender, Milton C. Regan Jr.

Michigan Law Review

A Review of The Illusion of Equality: The Rhetoric and Reality of Divorce Reform by Martha Albertson Fineman

Support Alimony: The Uncertain State Of The Law, Robert G. Spector

Oklahoma Law Review

No abstract provided.

Reforming The Tax Treatment Of Divorce: Splitting The Benefits Of A Split, C. Garrison Lepow

Seattle University Law Review

The purpose of this Article is to consider the tax consequences of divorce, particularly those problems relating to property settlements. The tax consequences of alimony and child support are also considered. These problems have a long history that must be reviewed in order to understand both the present law and the current proposals which were considered by the House Ways and Means Committee during the last session of Congress. Unfortunately, the narrowness of the legislative proposals permits many of the problems to continue; the proposals change only the timing of the problem.

I.R.C. Section 71: Breaking Up Is Hard To Do, John A. Lynch Jr.

Duquesne Law Review

The author believes that applying the provisions of the Internal Revenue Code governing the tax treatment of payments made incident to separation and divorce has become complicated and unpredictable. In this article, Professor Lynch examines how I.R.C. sections 71 and 215 have developed, given congressional intent, with respect to the definition of an obligation of support, the differentiation between a support obligation and a property interest, and the periodic payment requirement. He concludes with suggestions aimed at simplifying the law with respect to these payments.

Bankruptcy Court Jurisdiction To Modify Alimony Payments Of Chapter 13 Debtors, Peter Swiecicki

University of Michigan Journal of Law Reform

This article examines a bankruptcy court's power to modify a chapter 13 debtor's alimony payments. Part I discusses the bankruptcy court's jurisdiction in chapter 13 cases and the connection between the chapter 13 case and alimony modification proceedings. It then outlines the domestic relations limitation and the resulting conflict between bankruptcy courts and state courts with respect to alimony modification. Part II analyzes various arguments for and against allowing bankruptcy courts to hear alimony modification requests in chapter 13 cases. This analysis reveals that any state interests are far outweighed by the substantial benefits to be gained from consolidating the …

Enforcement Of Family Support Obligations In Virginia, Jane F. Vehko

William & Mary Law Review

No abstract provided.

The New Pennsylvania Divorce Code, Lynne Z. Gold-Bikin, Jack A. Rounick

Villanova Law Review

No abstract provided.