(redirected from Property Settlement Agreement)
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References in periodicals archive ?
The IRS has ruled that where a divorced wife had an absolute right, under terms of a property settlement agreement incorporated by reference in a divorce decree, to annuity payments after the death of her former husband, and such payments were to be provided by insurance on his life maintained by him for that purpose, the former husband possessed no incidents of ownership in the insurance at his death.
If a transfer is not made under a property settlement agreement incorporated into a divorce decree, it may still not be subject to gift tax under Sec.
(5) However, a deduction is not allowed on either basis if the claim or indebtedness is founded on an agreement between the spouses in the nature of a property settlement agreement not supported by "adequate and full consideration in money or money's worth." (6) But where property is transferred from a decedent or from a decedent's estate to a former spouse of the decedent pursuant to a property settlement agreement, and divorce occurred within a three-year period measured from the date one year before the agreement was entered into, and where the property is includable in the decedent's gross estate, the transfer is considered to be made for an adequate and full consideration in money or money's worth.
1041 (c), a transfer is incident to the divorce if it occurs within one year after the divorce or "is related to the cessation of the marriage." Thus, it may not be a bad idea for property settlement agreements to recite that all property transfers between the parties are "related to the cessation of the marriage."
The parties then continued with the dissolution proceedings and the former wife filed a motion seeking to recover the attorneys' fees that she incurred in connection with the motion to set aside the property settlement agreement, including the trial proceedings and appeal.
(27) The concept of duress during the process of obtaining a property settlement agreement in a dissolution proceeding is beyond the scope of this article; however, some good examples of facts that do not rise to the level of duress can be found in Cronacher v.
In a case before the Virginia Court of Appeals, a woman argued that her property settlement agreement with her husband should be set aside because she was incompetent to execute the agreement at the time.
A QDRO is a judgment, decree or order (including one approving a property settlement agreement) that meets the following requirements:
The property settlement agreement required Moriah to redeem Joann's stock and required John to guarantee the redemption.
After a four-year marriage, decedent Declan Irving obtained a divorce that included a property settlement agreement. The agreement stated, in part, that no children were born of the marriage.
She executed two agreements; one was a property settlement agreement between B and W, which specifically referred to a pension agreement that provided that WSB would pay B a weekly amount for life.
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