离婚时什么是财产?

• 2022年11月30日
• 十大最大的网络彩票平台
• 离婚

一段婚姻结束后，通常会出现无数的问题. One of the first questions many couples ask our attorneys is, “离婚时到底什么是财产??在印第安纳州, any 财产 is considered an asset during a divorce settlement, 不管它是如何获得的. Because 印第安纳州 is not classified as a community 财产 state, 你的任何财产都不会被视为共同财产. 离婚通常导致财产五五分, 但在某些情况下会导致不平等的分配, 这取决于各种因素.

离婚协议中哪些财产被视为财产?

对任何和所有资产建立共同所有权, 而且 includes anything purchased by one spouse or made as a joint purchase. 这与许多州不同, where “marital assets” are only considered to be those items or 财产 that are purchased during the course of the marriage. 资产可以包括但不限于以下内容:

• 珠宝
• 婚姻期间挣的钱
• 退休账户
• 车辆
• 房屋及财产
• 集合
• 纪念品
• 企业
• 投资组合.

离婚后哪些资产是安全的?

The majority of family courts in the country recognize that spouses own separate 财产 除了他们的共同财产之外. 不幸的是, 印第安纳州 is one of the states where couples are not automatically awarded their separate 财产. 在离婚协议中，所有财产都是公平的, which can lead to contention between the parties or their attorneys. Those assets that comprise the marital estate are divided at the time of the divorce. Aside from certain properties, there are a few other assets that are safe from divorce settlements.

天赋和遗产

在印第安纳州, even gifts 而且 inheritances are not considered separate or undivided 财产, meaning the spouse who received an inheritance may still be liable to split a portion of any assets obtained in this way. 尽管如此, the majority of state laws stipulate that spouses who want the 财产 to be treated as separate 财产 have the burden of proving it.

婚前财产

在印第安纳州， 财产 that was brought into the marriage by either party is no longer considered separate. It enters the pool of marital assets 而且 is subject to division either by settlement or through the court system. 这是同样的处理，如果旧的财产已经 合并后的 与其他婚姻财产.

国家法律

有两种状态: 公平分配州 而且 共同财产州. 根据州法律, 在共同财产州, any 财产 acquired during a marriage is owned jointly by both spouses. Property owned prior to marriage 而且 财产 that was given or inherited by the spouse is usually excluded from 共同财产州. 现在很少有共同财产的州了. 印第安纳州, as well as most states, have equitable distribution of assets in a divorce. 这项法律考虑了多种因素, including the needs 而且 financial contribution of each spouse during the marriage. 离婚s that are not disputed can be quickly concluded through an agreement between the spouses.

每个协议的财产

The spouses can negotiate this issue among themselves if they don’t like the default rules the state uses. In a divorce, this may be accomplished via mediation or negotiation. 例如，夫妻双方可能同意分割他们的财产. 法官可将此协议写入离婚判决书. As an alternative, spouses may come to an agreement before getting married. 婚前协议, 例如, may specify how 财产 will be h而且led in the event of divorce or death. There are often specific procedures that must be followed for prenuptial agreements to be enforceable, such as disclosing certain financial information 而且 being informed of the need to seek independent legal advice. 不像婚前协议, a postnuptial agreement is entered into after a couple has al准备好了 become married.

Frequently Asked Questions About What Can Be Considered an Asset in 离婚

离婚并不一定是一个艰难的过程. 根据你们州的离婚法, you must meet certain requirements before you can file for divorce. 只要你提出离婚, other factors such as 孩子的抚养费 而且 spousal support come into play. Below you will find a few questions most people ask when going through a divorce.

谁决定如何分配资产?

Divorcing spouses are usually free to divide their 财产 however they see fit under a “marital settlement agreement.” This contract divides 财产 而且 debts 而且 resolves other issues of a divorce. A large number of divorces are settled without the need for a judge to decide 财产 or other issues, 尽管很多人一开始都很尖刻. If the division of 财产 cannot be settled, the court must decide.

我能得到配偶支持吗?

In order to receive spousal support (known as spousal maintenance in 印第安纳州 而且 肯塔基州), there are a few contributing factors that will determine the specifics of your case. 这包括对额外收入的需求, 支付人的资金充足, the length of the marriage 而且 the health of each party involved.

离婚后我会失去退休金吗?

Retirement plans 而且 pensions are marital assets; typically, they will be divided based on the portion earned during the marriage. Your prenuptial income may also be considered a marital asset, depending on your state. The pension, however, may be offset by other assets in order to keep it intact.

如果我有孩子的监护权，我应该保留房子吗?

除了税收和保险, it’s important to determine how much it will cost to maintain the house. 作为下一步, determine if there is enough money coming in each month to keep the house in good condition. 然后, the decision about whether to keep the home should be compared with the decision about whether to give up other assets such as liquid accounts 而且 retirement plans. All decisions should be made in light of current economic 而且 stock market conditions.

子女抚养费应该支付多少?

在印第安纳州， 孩子的抚养费 is based on guidelines that utilize weekly income as the basis. The court will verify all gross income through a worksheet that each party is required to submit, 详细说明他们的收入和支出. 收入包括所有工资, 佣金, 奖金, 租金及特许权使用费, 加班和任何其他形式的不正常收入.

十大最大的网络彩票平台CLLB律所的新奥尔巴尼离婚律师

At 十大最大的网络彩票平台, our goal is to offer you the support 而且 resources you need. We underst而且 that divorce is an emotional undertaking for everyone involved, 重要的是你要有一个富有同情心的, 有经验的律师如果有麻烦你可以信任他. If you 而且 your spouse have decided that it’s time to separate, contact a 离婚律师 十大最大的网络彩票平台. 请致电我们的专业人员812-725-8224.