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Divorce settlement equitable distribution amount is up to…

Divorce settlement equitable distribution amount...
Divorce settlement equitable distribution amount is up to the date filed divorce or judgement of divorce?
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9/7/2017
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
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Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Good afternoon. Parties could stay separated for a while, prior to filing. As such, once they file, is when the court is likely to start and look at, the equitable distribution and determine what each party is entitled to. They would not have to necessarily wait until the final judgment, as any issues could be addressed and concerned and calculated up until then.

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Customer reply replied 5 months ago
Is any assets caricurated up to the judgement of divorce, not the date of filing action?

Yes, there could be. If there is something which is shared and needs to be divided this is earning money/interest, it could be split and shared at the time of the final decree being entered and those numbers could be written in.

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Customer reply replied 5 months ago
Like which accounts?
Would you name for example for person who works investment bank as a partner?

If there were stocks, funds or other investment accounts that were martial assets, would likely be calculated and considered when the final divorce is entered, since they could be growing or losing money, while the divorce is going on.

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Customer reply replied 5 months ago
34; marital property shall be subject to an equal 50/50 division between the parties in the event of dissolution of the parties marriage.Here's " dissolution of the parties " . Is it date of filing divorce or the day of judgement of divorce?

Yes, that is correct. It is important to understand that during the divorce proceedings, this is address. Easy asset is different. If you have an investment account that is still increasing or decreasing, the amount would be determined once this one marital asset is addressed. A divorce could take a year to finalize. During that year, as I shared above, the account could grow. If it does, the amount, which is a shared martial interest, would be distributed accordingly. Now, lets say you are contributing to a 401k and are putting money is AFTER you file, you could argue that the other spouse would not be entitled to any share of it, from when you filed and you were using your sole income, for it.

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Customer reply replied 5 months ago
I"m sorry I didn't understand. " Dissolution of marriage " means the day of filing divorce or judgement of divorce?

It is the process of divorcing. Once everything is finalized and the Judge signs the divorce decree, the parties would no longer be married and be legally divorced. I know you want to know when everything cuts off but it is impossible to say because each situation is different, depending on the assets of the parties. Everything does not just cut off and stop once a petition for divorce is filed.

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Customer reply replied 5 months ago
Is standard practice add 9% interest on shar of equitable distribution after dividend as of filed divorce?

Yes, that is what could be used as interest./

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
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Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Customer reply replied 5 months ago
When postnuptial agreement said, " marital property shall be an equal 50-50 division between the parties in the event of dissolution of the parties marriage." Forensic report caricurated 10 millions by February 2014 ( commenced divorce ).It has been 3.5 years, and still processing, not finished, may go to trail.Is standard practice ( almost automatically understood ) to add 9% interest per year on the judgement of divorce for Postnuptial Agreement?

There is no judgment though. If the agreement says 50-50, that is what should control and what each party would be entitled to, of the full amount.

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Customer reply replied 5 months ago
That means, if $10 millions at the commencement of divorce 2014. Even if took 3 years to finalized divorce, no interest would be added? Not caricurated on the day of final divorce 2017?

Interest for what? It there was $10 million and the divorce was finalized after 3 years, the money could have grown or been lost, over that time. You can not add interest to something that fluctuates its value and which needs to be divided.

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