Property Division Self-Quiz

 

 

 

 

 

 


Larry and Brenda live in Washington, a community property state. Larry acquired stock in his family’s business as follows: 25% before the marriage, 25% during the marriage, and 50% after he filed for divorce. In a property distribution, how much would Brenda receive?

Choice 1 Brenda would receive one half of the 25% interest Larry received during the marriage.
Choice 2 Brenda would receive nothing.
Choice 3 Brenda would receive one half of the entire interest in the family business.
Choice 4 Brenda would receive 100% of the 25% interest Larry received during the marriage.

Larry and Brenda live in Washington, a community property state. Larry inherited stock in his family’s business as follows: 25% before the marriage (from his deceased uncle), 25% during the marriage (from his deceased aunt) and 50% after he filed for divorce (from his deceased grandfather). In a property distribution, how much would Brenda receive?

Choice 1 Brenda would receive one half of the 25% interest Larry received during the marriage.
Choice 2 Brenda would receive nothing.
Choice 3 Brenda would receive one half of the entire interest in the family business.
Choice 4 Brenda would receive 100% of the 25% interest Larry received during the marriage.

Jack has $50,000 in a money market account he has owned since before his marriage to Jill. Jill, full of vengeance, wants the account to be part of their equitable distribution settlement. What will result?

Choice 1 Since the account has become a part of the marriage, Jill is entitled to equitable distribution.
Choice 2 Jill cannot seek equitable distribution of the account in which she contributed nothing.
Choice 3 Jack gets to keep the money market account because it is passive property.
Choice 4 Jack gets to keep the money market account because it is separate property.


Chloe brings a divorce action against her husband, Dustin, who is a successful plastic surgeon. She caught him cheating on her with one of the nurses at the hospital. She had aspirations of becoming a nurse; however, she gave up that dream to work as a school teacher to help put him through medical school. She seeks equitable distribution of both his professional license and the value of his practice. Furthermore, she seeks additional alimony based on his increased income from entering a lucrative private practice group of doctors. What will the court grant?

Choice 1 The court will grant her all three.
Choice 2 The court will grant her an equitable distribution based only on the value of the practice, but not the increased alimony award.
Choice 3 The court will grant her an equitable distribution based on the professional license and the value of the practice, but only limited rehabilitative alimony for her to re-educate herself to become self-supporting.
Choice 4 The court will only grant her limited rehabilitative alimony for her to re-educate herself to become self-supporting and reimburse her for the contributions she made to his education.

Dan worked for the telephone company. When he separated from his wife Fran, he had accumulated 72 of 78 points needed for his retirement benefits to vest. Fran petitioned for an equitable distribution of the non-vested benefits. What will result?

Choice 1 The court would not distribute the non-vested benefits because they may never vest.
Choice 2 The court would not distribute the non-vested benefits; however, it would award Fran a larger portion of the other assets.
Choice 3 The court would hold the non-vested pension rights were property subject to equitable distribution.
Choice 4 The court would defer distribution of the pension rights until they vested.


Matt was an attorney before he married his wife Cathy. During the marriage he gave up his small law practice to become a senator. After two terms, Matt resigned and returned to private practice, accepting a lucrative partnership with the leading law firm in his home town. While they were married, Cathy was a housewife. During the property distribution stage of his divorce from Cathy, how would the court value his new position?

Choice 1 The court would recognize the value of his new position as a partner as a marital asset, subject to equitable distribution.
Choice 2 The court would recognize the career enhancement from his congressional service as marital property, subject to equitable distribution.
Choice 3 The court would not assign value to his new position as a partner because Matt was an attorney before he married Cathy.
Choice 4 The court would not assign value to his congressional service because Cathy did not work with him.

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