Family Law Now | Ep. 54: Divorce & Property Sharing 101

Episode 54

Russell Alexander, Bill Rogers, and Rick Peticca will be discuss matters of property division in divorce and family law.

1. The basics
a. How is property defined?
b. What is financial disclosure?
c. What documents should you gather?
d. What is a financial statement?

2. Calculating & sharing family property
a. Date of marriage assets (“DOM”)
b. Date of separation assets (“DOS”)
c. Exclusions
d. Exemptions
e. Personal injury awards
f. Inheritances

3. The home
a. Having more than one matrimonial home.
b. Exclusive Possession of the matrimonial home
c. Not the home on DOM

4. Special Considerations
a. Pensions/survivor benefits
b. Sick days/vacation days
c. Stock options
d. Notional disposition costs
e. Lottery winnings

5. Onus – who bears it, for purposes of determining the value of an asset, liability and proving a deduction and exclusion

6. Equalization
a. The concept & purpose of equalization
b. Net family property statements
c. The “unequal” division – section 5(6) of the FLA

7. Limitation period – section 7(3) of the FLA for an equalization claim

Family Law Now LIVE is a live virtual event series hosted by Russell Alexander and featured guests. They present on various topics surrounding family law to provide helpful information, answer questions, and share insights with the audience in real time. This podcast episode is a recording of a virtual event. Registration is now open to attend upcoming virtual events hosted by Family Law Now LIVE.