Also known as: sources of income · income source
Written by attorneys · grounded in primary & secondary sources — see below
A factor that a court must consider when equitably apportioning marital property in a dissolution proceeding. The factor reflects each party's financial resources and earning capacity and is weighed alongside duration of the marriage, age, health, occupation, vocational skills, employability, estate, liabilities, needs, custodial provisions, and opportunity for future acquisition of assets.
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Sabrina Shah and Scott Summers are dissolving their twelve-year marriage. Sabrina works as a teacher earning a modest salary while Scott owns a successful consulting firm that generates substantial annual revenue. The court reviews each spouse's age, health, and sources of income before allocating the marital home to Sabrina and the business interest to Scott with an equalizing payment.
Elena Ruiz and Marco Vega dissolve their nine-year marriage. Elena receives steady salary income from her position as a nurse while Marco's primary source of income is irregular freelance work. The court weighs these sources of income along with the statutory factors and awards the family home to Elena with an offset payment to Marco.
Lila Patel and Dev Sharma end their marriage after fourteen years. Lila's main source of income is a modest pension while Dev earns substantial wages from his engineering firm. Considering the amount and sources of income among other factors, the court divides the retirement accounts and awards the residence to Lila.
Nora Klein and Victor Lang dissolve their marriage of eleven years. Nora's source of income is a stable teaching salary while Victor receives variable royalties from prior creative work. The court evaluates these sources of income and other statutory factors before allocating the marital residence and investment accounts.
Talia Morse and Reed Quinn dissolve their ten-year marriage. Talia's source of income is a fixed government salary while Reed earns fluctuating commissions from sales. Weighing the amount and sources of income with the remaining statutory factors, the court divides the equity in their jointly owned commercial property.
Anya Soto and Ben Torres dissolve their marriage after eight years. Anya's primary source of income is a corporate salary while Ben receives modest disability benefits. The court reviews these sources of income and the other enumerated factors before apportioning the marital estate and retirement funds.
The court must consider the duration of the marriage, prior marriages, antenuptial agreements, age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, needs of each party, custodial provisions, and the opportunity of each for future acquisition of capital assets and income.
Supporting sources
…as that suffered by the welfare recipient in Goldberg v. Kelly . The disability beneficiary is likely to have access to other sources of income, such as workers' compensation or private insurance. Moreover, the beneficiary may seek retroactive benefits if he ultimately prevails. The risk of an erroneous deprivation of benefits…