When family law courts in Jefferson County and elsewhere are determining asset distribution and property division in divorces, it is their job to fairly distribute those assets between the parties. While courts understand it is not possible to make those involved whole again in divorce settlements, they do their best to ensure the equitable division of marital property, bank accounts and other assets. Unfortunately, this does not always happen.
In one state, a man was recently reported to have won portions of an appeal he filed against the asset distribution ordered by the family law court in his divorce case. The appellate court reportedly agreed with the man's argument that his former wife should not have been permitted to stay living in the couple's home pending its sale, ruling that there should be stipulated terms for the time frame in which the home needed to be sold. The man also claimed the court neglected to divide his ex-wife's 401K plan. The court apparently agreed, ruling that the 401K should either have been equally divided, like his pension and savings plan, or there should have been an explanation of how the asset should be handled given.
The appellate court reportedly did not concur with the man's arguments against paying a portion of his former wife's attorney fees or his complaints regarding the amount of his spousal support payments. His request to address the 4.6 percent difference between what he was awarded and what his ex was awarded in the division of their marital property.
If you are considering a divorce, or have divorced and have a dispute with your settlement, it may be helpful to consult with an attorney. Legal representation can answer any questions you may have and help look out for your interests throughout the process.
Source: Youngstown Daily Legal News, "11th District: Trial court failed to equally divide assets in marital estate", Tracey Blair, May 6, 2013