Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Addressing the Dissipation of Marital Assets in a Divorce Case
The typical allegations of dissipation in a divorce include spending, sending or funneling marital monies to a spouse's extended family or friends, gambling debts, bad business decisions, and spending money on extramarital affairs. The critical question in these situations is, at what point does one spouse's gifts to family or'friends, or their bad investments and/or extravagant spending, become considered dissipation in the eyes of an adversary looking to review a case or the judiciary, and what remedies are available to a spouse where a dissipation has been found to have occurred?
In the state of New Jersey, for example, N.J.S.A. 2A:34-23.1 (i) requires the court, in making an equitable distribution of marital property, to consider the “contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property.” (Emphasis added.) It is not uncommon for one spouse to hide and/or spend down marital assets in the anticipation of divorce. A matrimonial law practitioner is all too familiar with the term “divorce planning,” and the dissipation of a marital asset is often a key strategy employed for that purpose. The New Jersey Legislature did not define “dissipation” of marital property; however, case law gives courts and practitioners a definition and framework for review of dissipation claims.
NJ Case Law
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?