Factors
There is no requirement that the trial court set forth a finding as to all of the factors under this subsection; it need merely consider them. In re Kennedy
Subsection (d) of this section sets out the factors to be considered by the trial court in dividing marital property. These factors include: the contribution of each party in acquiring and preserving the property, the value of the property set apart to each spouse, the duration of the marriage, the relative economic circumstances of the parties, and the age, health and income of each party. In re Kristie
The trial court need not make specific findings with reference to each of the 11 statutory factors set out in this section. In re Guntren
Under subdivision (c)(1) of this section, a court may consider conduct where a spouse uses marital property for his or her own benefit and for a purpose unrelated to the marriage at a time when the marriage relationship is in serious jeopardy and compensate the disadvantaged spouse when apportioning the marital property. In re Los
While each party’s contribution in acquiring marital property is one factor to be considered in dividing the marital property, it is only one of many factors. In re Los
In making a property division a trial court must take into consideration the value of non-marital property set apart to each spouse. In re Mullins
In disposing of marital property the court may consider the desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having custody of the children and may set aside a portion of the parties’ property for the support, maintenance, education and general welfare of any minor, dependent, or incompetent child of the parties, but such provisions create no property right per se for children of broken marriages. In re Mercer
Where the marriage was short-lived, as the parties resided together as husband and wife for four years, the trial court could properly accord greater weight to the parties’ respective contributions to the acquisition, preservation and appreciation of the subject property; the law is clear that an equal distribution was not mandated. In re Wojcicki
Among the factors a court is to consider in dividing the marital property under subsection (c) of this section are the relevant economic circumstances of the parties, their occupations, income and skill, and the reasonable opportunity of each for the future acquisition of capital assets and income. In re Woolsey
