Property

Separate vs. Community Property Disputes

There may be factual and legal issues related to whether an asset or debt is separate property, community property, or partly each.  Courts rely on complex rules to sort out the disputes.  Community property is any asset (or debt) acquired (or incurred) during marriage by the effort of either spouse.  When title changes to husband and wife from the separate name of either one before marriage, on divorce, the separate vs. community dispute often arises, or, another example arises when community earnings has paid down a separate mortgage.

Tax Consequences

Tax consequences are important factors in deciding what is a fair and equal division of community property. Newport Divorce Attorney relies on the best forensic tax advisors for its clients.

Credits & Reimbursements

After separation, when one spouse pays more than half the community debts and expenses, or when one spouse solely uses a community asset, there may be reimbursements due or credits to apply when dividing property equitably.

Qualified Pension & 401k Distribution Orders

Qualified Orders (QDROs) are required to divide and distribute pensions 401k(s), and other retirement benefits created under the federal, ERISA, statutes. Newport Divorce Attorney routinely prepares and obtains qualifications for such orders, or, as may apply, similar orders for state, municipal, or other public benefit plans.