Divorce US Divorce 2 — Questions and Answers
Question 1: What is a 'legal separation' and how does it differ from divorce?
- Spouses live apart but remain legally married (Correct answer)
- A temporary divorce that can be reversed within 30 days
- A court order requiring spouses to attend counseling
- An informal agreement with no legal standing
Correct answer: Spouses live apart but remain legally married
Legal separation allows spouses to live apart and divide assets while remaining legally married, often for religious or insurance reasons.
Question 2: What does 'equitable distribution' mean in divorce property division?
- All marital assets are split exactly 50/50
- Assets are divided fairly based on relevant factors, not necessarily equally (Correct answer)
- Each spouse keeps only what they individually earned
- The court auctions all assets and splits the proceeds
Correct answer: Assets are divided fairly based on relevant factors, not necessarily equally
Equitable distribution means the court divides assets fairly based on factors like marriage length and each spouse's contributions, which may not be a 50/50 split.
Question 3: Which of the following is typically considered separate property in a divorce?
- Income earned during the marriage
- A home purchased together after the wedding
- An inheritance received by one spouse during the marriage (Correct answer)
- Retirement benefits accrued during the marriage
Correct answer: An inheritance received by one spouse during the marriage
Inheritances received by one spouse, even during the marriage, are generally classified as separate property not subject to division.
Question 4: What is a 'postnuptial agreement'?
- A contract signed before marriage outlining asset division
- A contract signed during the marriage addressing asset division if it ends (Correct answer)
- A court-ordered settlement issued after a divorce trial
- An agreement between ex-spouses modifying a divorce decree
Correct answer: A contract signed during the marriage addressing asset division if it ends
A postnuptial agreement is created and signed after the couple is already married to address how assets and debts would be divided in the event of divorce.
Question 5: What is 'imputed income' in the context of divorce and support calculations?
- Income hidden by a spouse to reduce support obligations
- Income a court assigns to a spouse based on their earning capacity (Correct answer)
- Child support payments that are credited back as income
- Passive investment income excluded from support calculations
Correct answer: Income a court assigns to a spouse based on their earning capacity
Courts may impute income to a spouse who is voluntarily unemployed or underemployed, calculating support based on what they could earn.
Question 6: In which situation would a court most likely deny a divorce request?
- One spouse refuses to sign the divorce papers
- The couple has only been married for six months
- Neither spouse can prove grounds in a fault-based state with contested grounds (Correct answer)
- The spouses have minor children
Correct answer: Neither spouse can prove grounds in a fault-based state with contested grounds
In fault-based states, if a spouse cannot prove the alleged grounds for divorce and the other contests it, a court may deny the petition.
Question 7: What is the purpose of a 'QDRO' (Qualified Domestic Relations Order) in divorce?
- It establishes child custody arrangements
- It divides a retirement account between spouses without early withdrawal penalties (Correct answer)
- It orders one spouse to pay the other's attorney fees
- It freezes joint bank accounts during litigation
Correct answer: It divides a retirement account between spouses without early withdrawal penalties
A QDRO is a legal order that allows a portion of one spouse's retirement plan to be transferred to the other spouse without triggering tax penalties.
Divorce US Divorce 2
What is a 'legal separation' and how does it differ from divorce?