Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
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
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.
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.
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.
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?