Full question:
1. I was married on Sept. 15th. 2006. We are now going through a divorce. She still has the wedding ring. I still owe $6800.00 on the ring. I am sure the ring will be considered a gift, but what about the dept of the ring. Is this considered pre-marital debt or marital debt since I have paid on the ring while we were married and not married. Basically, who pays the debt of the ring? 2. She is asking the court that I pay her attorney fees. Can she do this? How do I fight this?
- Category: Divorce
- Date:
- State: Illinois
Answer:
If the ring is deemed a gift, you will likely need to make payments. The court will divide the marital property and debts of the parties as it deems equitable and just without regard to marital fault after setting aside to each spouse that spouse's separate property. Factors the court will consider in dividing the marital property include:
1. The contribution of each spouse to the acquisition and preservation of the marital and non-marital property;2. The dissipation by each party of the marital and non-marital property;
3. The value of the property set aside to each spouse;
4. The duration of the marriage;
5. The economic circumstances of the parties at the time the division of property takes effect;
6. Any pre-existing rights and obligations from previous marriages;
7. Any antenuptial agreement between the parties;
8. The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each party;
9. The custodial provisions for any children;
10. Whether the apportionment is in lieu of or in addition to alimony;
11. The reasonable opportunities of each spouse for future acquisition of capital assets and income;
12. The tax circumstances of the property division.
In the determination of counsel fees, the court may consider the following factors:
(1) the nature and extent of the services rendered;(2) the actual time spent;
(3) the necessity for the services;
(4) the nature of the issues involved;
(5) the professional standing of counsel, including background and experience;
(6) the results achieved;
(7) the financial circumstances of the spouses; and
(8) a spouses' obstructionist tactics.
It is also appropriate for the court to consider each spouse's settlement demands and negotiation position in determining the appropriateness of a counsel fee application.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
