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What does the Court consider in dividing marital property?

April 26, 2017Court dividing marital Property

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What does the Court consider in dividing marital property?

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1. Duration of the marriage. 2. Marital misconduct or fault (e.g. adultery; physical cruelty; habitual drunkenness). 3. Contributions of the spouses, both direct (financial) and indirect (maintenance). 4. Income of each spouse. 5. Health of each spouse. 6. Need for training and education. 7. Nonmarital property of each spouse. 8. Retirement benefits. 9. Existence of spousal support award. 10. Use of the marital home. 11. Tax consequences. 12. Support obligations. 13. Encumbrances on the property and other debts. 14. Child custody obligations.