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Im confused on what equitable distribution laws are through…

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Im confused on what equitable...
Im confused on what equitable distribution laws are through a masters. If I have non-marital funds and so does my wife as defined through a prenup, does a masters weigh out the non-marital contributions with the marital assets? I can see the masters dividing up marital assets but in our agreement there is also terms of where we give our kids money in a trust from non-marital funds. How is this consider in eq distribution or overriding by a master's judgement?
Submitted: 1 year ago.Category: Family Law
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5/3/2017
Family Lawyer: Gerald-Esquire, Lawyer replied 1 year ago
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,227
Experience: Over 30 years of experience.
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Family Lawyer: Gerald-Esquire, Lawyer replied 1 year ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

1) The Master makes a recommendation to the Court. It is not necessarily the final word and you can dispute the recommendation.

2) Separate property is (generally) not to be considered in the equitable distribution of property. BUT the increase in value of the separate property during the course of the marriage can be treated as marital property.

3) Separate property that has been commingled with marital property can become a marital asset and lose its non-marital status. Also separate property used for a marital purpose loses its ctatus as separate property. SO the Trust money is now a marital asset. It lost its status as separate property.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask.

If you ask a follow up question and I do not respond immediately it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 1 year ago
If the trust money is a marital asset and the agreement my wife and I have state she would put non-marital money in the kids trust, how is this enforced or can it be overriding/dropped by the masters?
Family Lawyer: Gerald-Esquire, Lawyer replied 1 year ago

If you had an agreement with your wife in writing the Master should respect that. If it was NOT in writing he can decide that there is no evidence of the agreement.

At which point you have to appeal the Master's report (or accept it).

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