Factors to Consider in Dividing Marital Property
Two of the factors the trial court is to consider in dividing marital property are the contribution, or dissipation of each party. In re O’Neill
In dividing marital assets, the trial court can consider the income and earning power of respective parties and the needs of the parties’ children. In re Sobo
To divide marital property in just proportions, a court is to consider all relevant factors, which include: the duration of the marriage, the value of the property set apart to each spouse, the marriage, the value of the property set apart to each spouse, the relevant economic circumstances of each spouse, the amounts and sources of each spouse’s income, the age, occupation vocational skills, employability, and needs of each party, whether the apportionment is in lieu of or in addition to maintenance, and the reasonable opportunity for each spouse for future acquisition of assets and income. In re Heller
Where the trial court considered the contribution of the parties, the value of the parties’ resources, the disparity of the parties’ earning potentials subsequent to dissolution, the relevant economic circumstances including the health and employability of each of the parties, and the fact that the distribution was in lieu of maintenance, although the court did not list these factors serially with a separate finding for each, the record indicated facts noted by the court which showed that the court considered all relevant factors under subsection (c) of this section. In re Fuggiti
The court must consider needs of each of parties in dividing the marital property and in awarding maintenance. In re De Batt
Value of non-marital assets is a factor to be considered in the division of marital property. In re Cuisance
Although long-term periodic maintenance would have been more appropriate and might be somewhat relevant to a judge’s decision, other factors must necessarily figure into an award of property pursuant to this section. In re Jenkins
A spouse’s contributions to the appreciation in value of the other spouse’s non-marital property is one of the factors to consider in the division of marital property. In re Pancner
Because this section permits the court to consider relevant economic circumstances in disposing of the property and determining whether there is sufficient property to provide for a spouse’s reasonable needs without awarding maintenance, it is thus contemplated that the court must make some approximation of the income available to a party in order to determine whether the marital home should be sold or maintenance should be awarded. In re Smith
In a proceeding for the disposition of property following a dissolution of marriage, the court is directed to award each spouse his own non-marital assets and to divide marital property without regard to marital misconduct in just proportions considering all relevant factors. In re Fleming
Value is only one factor to be considered by the court in disposing of the marital property. In re Sanborn
In determining whether the trial court abused its discretion in dividing property, the question is not whether the reviewing court agrees with the trial court but rather whether the trial court in the exercise of its discretion acted arbitrarily without the employment of conscientious judgment or, in view of all the circumstances, exceeded the bounds of reason and ignored recognized principles of law so that substantial injustice resulted. In re Lee