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| Property Division | ||||||||||||||||
 During a divorce, spouses need to divide their property amongst themselves. Generally, the property is classified as either community property or separate property. This classification will determine whether the asset in question will be split between the parties or given completely to one spouse. Community property is generally assets acquired by the family during the marriage whereas separate property is essentially assets acquired before the marriage or after separation. However, the characterization of assets as community property or separate property is complex and technical and should be evaluated by an attorney. We would be happy to meet with you and provide you with a free initial consultation. |
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| Spousal Support or Alimony | ||||||||||||||||
Alimony or spousal support is a monetary obligation one spouse has to provide for the support of his or her spouse upon the termination of the marriage. The main issues regarding alimony are the amount of spousal support ordered and the duration of the spousal support. The court considers a number factor when making an order for spousal support including the employment prospects of the supported spouse, the extent their career was hindered by unemployment during the marriage and extent to which the supported spouse supported the education and employment success of the paying spouse. The court also considers the financial ability of the paying spouse, the needs of each spouse, the duration of the marriage, the age and health of the spouses and the existence of any domestic violence. The court will also decide the duration of any spousal support. The specific duration ordered will depend on the facts of each case. However, except in the case of lengthy marriages, the courts will generally order spousal support for a duration of one-half of the length of the marriage. The calculation of alimony is a complex issue with significant financial consequences. Accordingly, it is important to consult an attorney to evaluate this issue. We would be happy to meet with you and provide you with a free initial consultation to determine your legal rights regarding spousal support. |
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| Prenuptial Agreements | ||||||||||||||||
A prenuptial agreement is a contract made before a marriage which specifies in advance each spouse’s rights if the marriage subsequently ends. A prenuptial agreement is a complex contract with long lasting and serious financial consequences. It is important to consult an attorney if you are considering a prenuptial agreement or your finance is requesting one. The Law Offices of Richard J. McAndrew would be happy to provide a free initial consultation to discuss your options regarding a prenuptial agreement. |
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