Steinmann v. Steinmann
Tracing and transmutation principles may be employed outside the context of gifted and inherited property, in this case, to property initially classified as individual property under a marital property agreement.
Estate of Lanzendorf
Principles of donative intent are applicable to property classified as individual under a MPA. Tracing is not limited to gifted and inherited property. Analysis does not differ because MPA is applied to determine ownership upon death rather than a divorce.
In Re Marriage of Baxter v. Baxter
The only property that remains individual property and not subject to division upon divorce is property acquired before or during the marriage by gift or by reason of the death of another, or acquired with funds from either source. Premarital property is not excluded.
Marriage of Sobczak v. Sobczak
Daubert applies only to actions and special proceedings commenced on or after February 1, 2011.
In Re the Commitment of Alger
Daubert applies only to actions and special proceedings commenced on or after February 1, 2011.
Articles on Employment/Income
Articles and resources related to employment/income in divorce cases.
Knutson v. Knutson
Court not required to base alimony on present income – may be based on earning capacity or prospective earnings.
Balaam v. Balaam
A divorced husband should be allowed a fair choice of a means of livelihood and to pursue what he honestly feels are his best opportunities even though he might for the present, at least, be working for a lesser financial return.
Edwards v. Edwards
No basis for finding that working as independent barber was not occupation for which H was best suited – to base award on capacity, court must make appropriate findings based on record before it.
Marriage of Dennis
Order to seek other employment or additional employment was not an abuse of discretion.