MV

Review of Chapters 1 to 3 on Alimony and Jurisdiction

Chapter 7: Alimony and Related Concepts

  • Alimony (Page 189)

    • Definition: Alimony refers to financial support paid to a spouse after separation or divorce.

  • Permanent Alimony (Page 195)

    • Definition: Permanent alimony is a form of spousal support that continues indefinitely until the recipient remarries or either party passes away.

  • Opportunity Cost (Page 195)

    • Definition: Opportunity cost is the loss of potential gain from other alternatives when one alternative is chosen.

  • Change in Circumstances (Page 195)

    • Explanation: This refers to any significant change in the situation of either spouse that may affect the need for alimony.

  • Rehabilitation Support (Page 196)

    • Definition: Rehabilitation support is temporary financial support intended to help a spouse gain the training or education needed to become self-sufficient.

  • Reimbursement Alimony (Page 199)

    • Definition: Reimbursement alimony is compensation for expenses incurred during the marriage, such as education costs, that would have benefitted the receiving spouse.

  • Modification (Page 200)

    • Explanation: Modification refers to changes or adjustments made to existing alimony agreements based on changes in financial circumstances.

  • Contempt (Page 204)

    • Definition: Contempt may arise if one party fails to comply with the court's alimony order, leading to potential penalties.

  • Bankruptcy (Page 205)

    • Explanation: The implications of bankruptcy on alimony obligations and how they may be influenced by changes in a person's financial status.

Chapter 8: Marital Property

  • Marital Property

    • Also referred to as community property.

    • Two separate definitions in the book: marital property and community property.

    • Importance: Both terms may refer to the same concepts of property acquired during marriage but can have jurisdictional implications.

  • Equitable Distribution (Page 213)

    • Definition: Equitable distribution refers to the fair division of marital property between spouses during a divorce.

  • Separate Property (Page 214)

    • Definition: Separate property consists of assets owned by one spouse prior to marriage or acquired by gift or inheritance during marriage.

  • Tangible Property (Page 215)

    • Definition: Tangible property includes physical items that can be touched, such as cars, furniture, and real estate.

  • Intangible Property (Page 216)

    • Definition: Intangible property refers to non-physical assets, such as stocks, bonds, and intellectual property.

  • Transmutation (Page 227)

    • Definition: Transmutation refers to the process by which separate property is converted into marital property or vice versa.

    • Types of Transmutation:

    • By Agreement: Formal contracts that stipulate how property shall be handled.

    • By Joint Title: Properties held jointly may be considered marital property even if acquired separately.

    • By Commingling: When separate assets are mixed with marital assets, they may lose their separate status.

    • By Use: The way property is used can influence its characterization in a divorce.

  • Valuation (Page 228)

    • Definition: Valuation refers to the process of determining the fair market value of marital assets for distribution purposes.

  • Fair Market Value (Page 229)

    • Definition: The estimated price that an asset would sell for on the open market.

  • Qualified Domestic Relations Order (QDRO) (Page 235)

    • Definition: A QDRO is a legal order that allows a separating spouse to receive a portion of the other spouse's retirement benefits or pension plan.

Chapter 9: Jurisdiction

  • Subject Matter Jurisdiction

    • Definition: The authority of a court to hear cases of a specific type or cases relating to a specific subject matter.

  • Personal Jurisdiction

    • Definition: The power of a court to require a party to appear before it, based on the party's geographical connections to the jurisdiction.

  • Domicile

    • Definition: A person's permanent legal residence, which determines the jurisdiction for legal matters.

  • Minimum Contact

    • Concept: A legal standard that determines if it is appropriate for a court in one state to assert jurisdiction over a defendant from another state based on their connections with that state.

  • Long Arm Statute

    • Definition: A statute that allows for jurisdiction over out-of-state defendants based on certain activities conducted in the jurisdiction state.

  • In Rem Jurisdiction

    • Definition: Jurisdiction based on the location of the property involved in the legal proceedings.

  • Home State Jurisdiction

    • Definition: The jurisdiction granted to the state where the parties involved in the case are domiciled.

  • Emergency Jurisdiction

    • Explanation: Circumstances under which a court can assert jurisdiction urgently to protect a party’s interests.

  • Last Resort Jurisdiction

    • Definition: A type of jurisdiction asserted only when no other jurisdiction is appropriate or available.

  • Modification Jurisdiction (Page 249)

    • Addressing how modifications to orders (such as alimony or custody) can be made under certain jurisdiction conditions.

Quiz Information

  • Upcoming quiz covering Chapters 7, 8, and 9 will take place on Tuesday.

  • Students should be prepared on all aspects of the discussed chapters.