Test Bank for Family Law The Essentials, 3rd Edition

Test Bank for Family Law The Essentials, 3rd Edition

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 CHAPTER 6
SPOUSAL SUPPORT, PROPERTY DIVISION, AND THE SEPARATION
AGREEMENT

Test Bank Questions

TRUE/FALSE
Indicate whether the statement is true or false.
1. Once the spouses have executed a legally binding separation agreement, they are free to
remarry.
2. The only way to ensure that a separation agreement will not be invalidated by fraud is to
have a clause in the agreement saying that both parties entered it voluntarily.
3. Debts that are outstanding have been paid.
4. Alimony debts can be discharged in bankruptcy.
5. Commingled separate and marital property may be treated as marital property if clear
evidence does not indicate otherwise.
6. By definition, an equitable distribution of marital property must be an equal distribution.
7. Dissipated income can be imputed to the wrongdoer.
8. Public policy consists of the principles inherent in the customs, morals, and notions of justice
that prevail in a state; the foundation of public laws; and the principles that are naturally and
inherently right and just.
9. Something is unconscionable if it shocks the conscience by heavily favoring one side due to
the absence of meaningful choice and the highly unequal bargaining positions of the parties.
10. A trust is a device or arrangement by which its creator (the settlor or trustee) transfers
property (the corpus) to a person (the trustor) who holds legal title for the benefit of another
(the beneficiary or cestui que trust).

MULTIPLE CHOICE
Identify the letter of the choice that best completes the statement or answers the question.
11. A separation agreement is not enforceable if it:
a. violates public policy.
b. is conducive to divorce.
c. is entered without consideration.
d. all of the above.

174
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 Chapter 6: Spousal Support, Property Division, and the Separation Agreement 175

12. Transmutation is:

a. a commingling of separate and marital property.
b. a voluntary change of separate property into community or marital property.
c. unjust enrichment.
d. an elective share.
13. The objective of a husband and wife entering a separation agreement can be:
a. to dissolve their marriage through a divorce.
b. to remain married but seek a legal separation.
c. to remain married without seeking a divorce or legal separation.
d. all of the above.
14. Intestate succession is the transfer of property:
a. to state-designated relatives of a decedent who dies leaving a valid will.
b. to state-designated relatives of a decedent who dies without leaving a valid will.
c. to parties who have transmuted their marital property.
d. to alternate payees.

SHORT ANSWER ESSAY

15. What is a separation agreement?
16. What are the characteristics of an effective separation agreement?
17. What is a fiduciary relationship?
18. What is the effect of bankruptcy on alimony debts?
19. What factors will a court consider when deciding whether a payment is alimony or property
division?
20. What is reimbursement alimony?
21. What are the five stages of property division?
22. In most states, what is the governing principle of property division, and what are some of the
factors that determine the division?

FILL IN THE BLANK

Complete each statement.
23. A __________ agreement is a contract by married persons who have separated (or who are
about to separate) that can cover support, custody, property division, and other terms of their
separation and probable divorce.

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Test Bank for Family Law The Essentials, 3rd Edition

176 Instructor’s Manual with Test Bank to Accompany Family Law

24. __________ is an example of ADR in which the parties avoid litigation by submitting their
dispute to a neutral third person who helps the parties resolve their dispute; the third person
does not render a decision resolving it for them.
25. __________ alimony consists of support payments to an ex-spouse for a limited time to
allow him or her to return to financial self-sufficiency through employment or job training.
26. Under the right of __________, when one owner dies, his or her share automatically goes to
the other owners; it does not go through the estate of the deceased owner.
27. Passive __________ is an increase in the value of property that is due to inflation or market
forces rather than to the active efforts of the owner.
28. __________ is the voluntary change of separate property into marital property or vice versa
(in a common-law state) and the voluntary change of separate property into community
property or vice versa (in a community-property state).

MATCHING
Match each numbered entry with the most relevant lettered entry below.

a. hold harmless 29. document stating the terms of a separation

b. executor 30. improper reduction of marital assets

c. intestate succession 31. one document becoming a part of another document

d. alimony 32. treatment as a stranger

e. escrow 33. shocking the conscience

f. unconscionable 34. property held until a condition is met

g. separation agreement 35. transfer of property if you die without a valid will

h. incorporation and merger 36. assume another’s liability

i. dissipation 37. carry out terms of a will

j. arm’s length 38. duty of support

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