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

Question 1

The objective of a husband and wife entering a separation agreement can be:

A)to dissolve their marriage through a divorce
B)to remain married but seek a legal separation
C)to remain married without seeking a divorce or legal separation
D)all of the above

Answer 1

D

Question 2

Dissipated income can be imputed to the wrongdoer.

Answer 2

True

Question 3

Transmutation is:

A)a commingling of separate and marital property
B)a voluntary change of separate property into community or marital property
C)unjust enrichment
D)an elective share

Answer 3

B

Question 4

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

Question 5

What are the characteristics of an effective separation agreement?

Question 6

What is reimbursement alimony?

Question 7

A separation agreement is not enforceable if it:

A)violates public policy
B)is conducive to divorce
C)is entered without consideration
D)all of the above

Question 8

Intestate succession is the transfer of property:

A)to state-designated relatives of a decedent who dies leaving a valid will
B)to state-designated relatives of a decedent who dies without leaving a valid will
C)to parties who have transmuted their marital property
D)to alternate payees

Question 9

What is a fiduciary relationship?

Question 10

What is a separation agreement?

Question 11

What factors will a court consider when deciding whether a payment is alimony or property division?

Question 12

A trust is a device or arrangement by which its creator (the settlor or trustee) transfers property (the corpus) to a person (the trustor) who holds legal title for the benefit of another (the beneficiary or cestui que trust).

Question 13

What is the effect of bankruptcy on alimony debts?

Question 14

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

Question 15

Alimony debts can be discharged in bankruptcy.

Question 16

Public policy consists of the principles inherent in the customs, morals, and notions of justice that prevail in a state; the foundation of public laws; the principles that are naturally and inherently right and just.

Question 17

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

Question 18

Something is unconscionable if it shocks the conscience by heavily favoring one side due to the absence of meaningful choice and the highly unequal bargaining positions of the parties.

Question 19

Debts that are outstanding have been paid.

Question 20

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.

Question 21

Match each numbered entry with the most relevant lettered entry below
a.hold harmless
b.executor
c.intestate succession
d.alimony
e.escrow
f.unconscionable
g.separation agreement
h.incorporation and merger
i.dissipation
j.arm's length 38.duty of support
treatment as a stranger

Question 22

In most states, what is the governing principle of property division and what are some of the factors that determine the division?

Question 23

alimony consists of support payments to an ex-spouse for a limited time to allow him or her to return to financial self-sufficiency through employment or job training.

Question 24

What are the five stages of property division?

Question 25

Match each numbered entry with the most relevant lettered entry below
a.hold harmless
b.executor
c.intestate succession
d.alimony
e.escrow
f.unconscionable
g.separation agreement
h.incorporation and merger
i.dissipation
j.arm's length 38.duty of support
assume another's liability

Question 26

Match each numbered entry with the most relevant lettered entry below
a.hold harmless
b.executor
c.intestate succession
d.alimony
e.escrow
f.unconscionable
g.separation agreement
h.incorporation and merger
i.dissipation
j.arm's length 38.duty of support
property held until a condition is met

Question 27

Match each numbered entry with the most relevant lettered entry below
a.hold harmless
b.executor
c.intestate succession
d.alimony
e.escrow
f.unconscionable
g.separation agreement
h.incorporation and merger
i.dissipation
j.arm's length 38.duty of support
transfer of property if you die without a valid will

Question 28

is the voluntary change of separate property into marital property or vice versa (in a common-law state) and the voluntary change of separate property into community property or vice versa (in a community-property state).

Question 29

Match each numbered entry with the most relevant lettered entry below
a.hold harmless
b.executor
c.intestate succession
d.alimony
e.escrow
f.unconscionable
g.separation agreement
h.incorporation and merger
i.dissipation
j.arm's length 38.duty of support
shocking the conscience

Question 30

Match each numbered entry with the most relevant lettered entry below
a.hold harmless
b.executor
c.intestate succession
d.alimony
e.escrow
f.unconscionable
g.separation agreement
h.incorporation and merger
i.dissipation
j.arm's length 38.duty of support
improper reduction of marital assets

Question 31

Match each numbered entry with the most relevant lettered entry below
a.hold harmless
b.executor
c.intestate succession
d.alimony
e.escrow
f.unconscionable
g.separation agreement
h.incorporation and merger
i.dissipation
j.arm's length 38.duty of support
duty of support

Question 32

Under the right of , when one owner dies, his or her share automatically goes to the other owners; it does not go through the estate of the deceased owner.

Question 33

Match each numbered entry with the most relevant lettered entry below
a.hold harmless
b.executor
c.intestate succession
d.alimony
e.escrow
f.unconscionable
g.separation agreement
h.incorporation and merger
i.dissipation
j.arm's length 38.duty of support
document stating the terms of a separation

Question 34

Passive is an increase in the value of property that is due to inflation or market forces rather than to the active efforts of the owner.

Question 35

A agreement is a contract by married persons who have separated (or who are about to separate) that can cover support, custody, property division, and other terms of their separation and divorce.

Question 36

Match each numbered entry with the most relevant lettered entry below
a.hold harmless
b.executor
c.intestate succession
d.alimony
e.escrow
f.unconscionable
g.separation agreement
h.incorporation and merger
i.dissipation
j.arm's length 38.duty of support
carry out terms of a will

Question 37

is an example of ADR in which the parties avoid litigation by submitting their dispute to a neutral third person who helps the parties resolve their dispute; the third person does not render a decision resolving it for them.

Question 38

Match each numbered entry with the most relevant lettered entry below
a.hold harmless
b.executor
c.intestate succession
d.alimony
e.escrow
f.unconscionable
g.separation agreement
h.incorporation and merger
i.dissipation
j.arm's length 38.duty of support
one document becoming a part of another document