Breakout 3 | Basics-Property division and maintenance: Family law's sink-or-swim primer

This introductory session is designed for newly minted attorneys taking their first steps into family law. We'll break down the basics of property division and maintenance in divorce cases, starting from square one. You'll learn the fundamental concept of equitable distribution and why it doesn't always mean a 50/50 split. We'll walk you through your first property division case, from identifying marital assets and debts to understanding how courts typically handle the family home. You'll get a crash course in maintenance (also known as alimony), covering the key factors courts consider when determining support. We'll provide simple explanations of common terms and concepts you'll encounter, along with practical tips for gathering financial information from clients. Throughout the session, we'll highlight common mistakes to avoid and offer straightforward strategies for handling emotionally charged client situations. By the end of this presentation, you'll have a basic roadmap for approaching property and maintenance issues in your first divorce cases. We'll equip you with essential knowledge and practical tools to help you build confidence as you begin your family law practice.

Takeaways:

Practical Tips for New Attorneys: Learn essential strategies for gathering financial information, preparing clients for property negotiations, and avoiding common pitfalls in your early cases involving property division and maintenance.
Equitable Distribution Does Not Mean Equal: Explore the principle that fair division of marital property isn't necessarily a 50/50 split, but rather a distribution based on various factors considered by the court.
The Art of Divvying Up Debt: Discuss strategies for allocating marital debt, including credit card balances, mortgages, and other liabilities, in a manner that aligns with the overall property division.
Factors Considered in Determining Maintenance: Examine the key elements courts evaluate when calculating spousal support, such as duration of marriage, earning capacity of each spouse, standard of living during the marriage, and future financial prospects.

Speaker: Kristin D. Siegel and Ashley N. Irwin, Siegel & Irwin LLC, Lees Summit

Opinions and positions stated by presenters of MoBarCLE programs are those of the presenters and not necessarily those of The Missouri Bar. This program is intended as information for lawyers in Missouri, in conjunction with other research they deem necessary, in the exercise of their independent judgment.