Deck 8: Spousal Support, Property Division, and the Separation Agreement

Question 1

Commingled separate and marital property may be treated as marital property if clear evidence does not indicate otherwise.

Answer 1

True

Question 2

The only way to ensure that a separation agreement will not be invalidated by fraud is to have a clause in the agreement saying that both parties entered it voluntarily.

Answer 2

False

Question 3

Transmutation:

A)is a commingling of separate and marital property
B)is a voluntary change of separate property into community property
C)is a voluntary change of community property into separate property
D)a and c
E)b and c

Answer 3

E

Question 4

Define rehabilitative alimony.

Question 5

What are the characteristics of an effective separation agreement?

Question 6

Which of the following devices can provide security for the payment of alimony?

A)escrow
B)security bond
C)annuity
D)trust
E)all of the above

Question 7

Standard of living during the marriage is relevant to the court's decision on property division, but not on alimony.

Question 8

Dissipated income can be imputed to the wrongdoer.

Question 9

Name the two main categories of pension plans. FILL IN THE BLANK Complete each statement.

Question 10

By definition, an equitable distribution of marital property must be an equal distribution.

Question 11

A hold-harmless clause is designed to relieve someone from responsibility or loss arising out of a transaction.

Question 12

A separation agreement violates public policy if it:

A)is conducive to divorce
B)is not collusive
C)is entered with consideration
D)a and c
E)a and b

Question 13

What is the definition of a separation agreement?

Question 14

Distinguish between tangible and intangible property.

Question 15

Alimony debts can be discharged in bankruptcy.

Question 16

A payor is usually an obligor.

Question 17

Distinguish between separate property and marital property.

Question 18

When are property-division debts discharged in bankruptcy?

Question 19

Debts that are outstanding have been discharged.

Question 20

Once spouses have executed a legally binding separation agreement, they are free to remarry.

Question 21

Tenants in common (unlike joint tenants) do not enjoy the right of ________________________ .

Question 22

Match each numbered entry with the most relevant lettered entry below.

a. that which is exchanged
b. occurring automatically
c. lifetime use of land
d. sharing a pension
e. lump sum
f. agreement to commit fraud
g. placed into one account
h. gift by will
i. unpaid
j. as between strangers
consideration

Question 23

Match each numbered entry with the most relevant lettered entry below.

a. that which is exchanged
b. occurring automatically
c. lifetime use of land
d. sharing a pension
e. lump sum
f. agreement to commit fraud
g. placed into one account
h. gift by will
i. unpaid
j. as between strangers
commingling

Question 24

Match each numbered entry with the most relevant lettered entry below.

a. that which is exchanged
b. occurring automatically
c. lifetime use of land
d. sharing a pension
e. lump sum
f. agreement to commit fraud
g. placed into one account
h. gift by will
i. unpaid
j. as between strangers
operation of law

Question 25

Match each numbered entry with the most relevant lettered entry below.

a. that which is exchanged
b. occurring automatically
c. lifetime use of land
d. sharing a pension
e. lump sum
f. agreement to commit fraud
g. placed into one account
h. gift by will
i. unpaid
j. as between strangers
collusion

Question 26

Match each numbered entry with the most relevant lettered entry below.

a. that which is exchanged
b. occurring automatically
c. lifetime use of land
d. sharing a pension
e. lump sum
f. agreement to commit fraud
g. placed into one account
h. gift by will
i. unpaid
j. as between strangers
dower

Question 27

Match each numbered entry with the most relevant lettered entry below.

a. that which is exchanged
b. occurring automatically
c. lifetime use of land
d. sharing a pension
e. lump sum
f. agreement to commit fraud
g. placed into one account
h. gift by will
i. unpaid
j. as between strangers
bequest

Question 28

Alimony payments are not ________________________ by the payor on the payor's tax return if the parties divorced in 2020.

Question 29

Match each numbered entry with the most relevant lettered entry below.

a. that which is exchanged
b. occurring automatically
c. lifetime use of land
d. sharing a pension
e. lump sum
f. agreement to commit fraud
g. placed into one account
h. gift by will
i. unpaid
j. as between strangers
outstanding

Question 30

The ________________________ for a separation agreement is the exchange of promises made in the agreement.

Question 31

Lump sum alimony is called ________________________ .

Question 32

Match each numbered entry with the most relevant lettered entry below.

a. that which is exchanged
b. occurring automatically
c. lifetime use of land
d. sharing a pension
e. lump sum
f. agreement to commit fraud
g. placed into one account
h. gift by will
i. unpaid
j. as between strangers
QDRO

Question 33

Match each numbered entry with the most relevant lettered entry below.

a. that which is exchanged
b. occurring automatically
c. lifetime use of land
d. sharing a pension
e. lump sum
f. agreement to commit fraud
g. placed into one account
h. gift by will
i. unpaid
j. as between strangers
alimony in gross

Question 34

Match each numbered entry with the most relevant lettered entry below.

a. that which is exchanged
b. occurring automatically
c. lifetime use of land
d. sharing a pension
e. lump sum
f. agreement to commit fraud
g. placed into one account
h. gift by will
i. unpaid
j. as between strangers
at arm's length