The distribution of property acquired during the course of the marriage is another issue that a domestic relationships court is called upon to resolve as part of a divorce action. The distribution of property can become very complicated when you are dealing with pieces of real estate, stocks and bonds that have appreciated in value, or pensions and retirement plans. These frequently require an analysis by a CPA or an economist to determine their total value. Recommendations then must be made to the court as to how each party has contributed to the increase in value of those assets and what the total value of the assets are.
For instance, if the parties have been married for twenty years and if during the course of that marriage the husband was employed at all times by the same company and is due to retire a year from now, does the wife have some interest in his pension? The general answer to that question is yes. Does that mean that she gets one half of all his pension payments? That again is governed strictly by state law, but the general factors that will be looked at are how much of the pension eligibility years coincided with the years of the marriage, the actual contribution of each party to that marital asset, and to what extent were premarital assets utilized to acquire what now is deemed to be a marital asset.
For more information or to schedule an appointment with an experienced Sacramento family law lawyer call us today at (916) 266-0188. Initial 45 minute consultation with a Sacramento family law attorney is FREE. Don’t delay, protect your rights.
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