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Glossary

Divorce Dictionary

Explore this comprehensive resource designed to simplify complex terminology with clear, concise definitions to help you navigate legal, financial, and emotional aspects with confidence and understanding.

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Petition

The initial document filed in a dissolution/divorce or other family law matter that asks the Court to take jurisdiction over the legal matter and notifies the other party of the action, it also outlines the grounds for divorce and the relief sought, such as property division, child custody and cash flow; in litigation the petition is filed by one party; in a settlement a joint petition may be filed together by both parties.

Physical Custody

A legal concept dictating where children live and who is responsible for their day-to-day care and supervision as part of a divorce.

Plan Administrator

The entity or individual responsible for managing a retirement plan, ensuring compliance with regulatory requirements, and processing benefit distributions.

Post-Decree

Also known as post-divorce, the phase following finalization of a divorce when the final resolutions are implemented.

Post-Divorce

Also known as post-decree, the phase following finalization of a divorce when the final resolutions are implemented.

Premiums

The periodic payments required to maintain life insurance coverage, which can vary based on factors such as age, health, and coverage amount.

Presumed Income

Also known as imputed income, anticipated income when someone isn’t currently earning income or is underemployed, used in the cash flow analysis to bring their income up to a reasonable expected level.

Pretrial Proceedings

In litigation, the hearings and other meetings completed prior to trial, such as motion hearings, settlement conferences and mediation sessions, aimed at resolving disputes and narrowing issues for trial.

Principal

In an investment or savings account, the underlying balance or asset without considering the growth/interest on these investments.

Pro Bono

A shortened form of "pro bono publico," meaning "for the public good," referring to legal services provided voluntarily and without expectation of compensation.

Pro Bono Publico

Sometimes shortened to "pro bono," meaning "for the public good," referring to legal services provided voluntarily and without expectation of compensation.

Pro Se

Also known as unrepresented, a Latin term meaning “for himself” when a client proceeds in a legal matter, like divorce, without an attorney and is self-represented.

Profit-Sharing Plan

A plan funded by employer contributions often based on the company's profits with employee’s having some flexibility or freedom to make investment choices in their plans.

Property Division

Also known as asset allocation, is one of the two main financial categories of decisions addressed in divorce involving the division of assets and liabilities between spouses.

QDRO

Also known as Qualified Domestic Relations Order and pronounced "quadro," a legal order following a divorce that is required to divide ownership of a qualified retirement plan (such as a pension or 401k) to give the divorced spouse their share of the asset or pension plan.

Qualified Domestic Relations Order (QDRO)

Also known as QDRO (pronounced "quadro"), a legal order following a divorce that is required to divide ownership of a qualified retirement plan (such as a pension or 401k) to give the divorced spouse their share of the asset or pension plan.

Qualified Retirement Accounts

Also known as tax-qualified retirement plans or sometimes pre-tax retirement savings, specific types of retirement accounts or arrangements that meet requirements established by the Internal Revenue Service (IRS) and allow you to save for retirement without paying taxes on the money going into the savings.

Quit Claim Deed

A legal document used to transfer ownership interest in a property without providing any guarantees about the title's validity or freedom from encumbrances, often used in a divorce because of the familiarty and trust between the parties.

Real Estate

Real Estate Investment

The ownership or partial ownership of real property with the intention of generating income and/or appreciation over time, without typically living in the property as a primary household.

Real Estate Investment Trusts (REITs):

Pooled investment trusts or companies that own, operate, or finance income-generating real estate properties with investors owning shares of the larger pool of investments.

Real Property

Also known as real estate, the land and/or structures that are owned, including a primary residence, rental properties, vacation homes or cabins, investment properties, timeshares, or a plot of land.

Recipient

The spouse that receives financial support from the other spouse (the payor).

Rehabilitative Spousal Support

A type of financial support over a defined period of time aimed at helping the recipient spouse in acquiring employment, education, training, or skills to become self-supporting and independent financially.

Reimbursement Method

The sharing of children’s direct expenses with one parent initially covering an expense and then requesting reimbursement from the other parent for their share of the cost.

Reluctant Spouse

A spouse who is hesitant, unwilling, or opposed to proceeding with the divorce often for reasons related to emotional attachment, financial concerns, religious beliefs or hope for reconciliation.

Remarriage Clause

A provision in spousal support agreements or other orders stipulating that payments will terminate if the recipient spouse remarries or enters into a new domestic partnership.

Reservation of Spousal Support

An agreement to not award spousal support but to keep a window of time open for one party to request spousal support based upon a change in circumstances during the time period of the reservation.

Response and Counterclaim

In litigation, the filing in response to a petition, either admitting or denying its allegations and asserting any counterclaims or defenses.

Restricted Stock Units (RSUs)

Grants of company stock given to employees that vest over time or upon meeting certain conditions.

Retainer Fee

An upfront, lump sum payment that serves as an advance payment for legal services.

Retention Bonus

A payment or series of payments designed to retain key employees over a specified period.

Retirement

Savings or other benefits in one person’s name that have some sort of favorable tax implications when used in your later, retirement years.

Retirement Distributions

Withdrawals from retirement funds that are typically considered income and may be taxed or subject to a penalty depending on the type of asset and timing of the withdrawal.

Right of First Refusal

A parenting agreement and/or clause in a co-parenting plan that requires the parent who is scheduled to be responsible for the children to offer the other parent the opportunity to care for the children before arranging alternate care in certain circumstances.

Risk-Benefit Analysis

The process of weighing the potential risks and benefits of a decision to determine the best course of action.

Roth IRA

A non-qualified retirement account where contributions are not tax deductible when made and all withdrawals in retirement, including earnings, are tax-free.

Savings Account

A bank account intended for storing funds for future needs, emergencies, or specific financial goals, often earning interest on the balance.

Self Support

The point in time when a individual can meet their own reasonable budget with their own income without needing any additional support from a former spouse.

Separate Property

Also known as non-marital property, assets and/or liabilities that belong solely to one spouse and were acquired before the marriage, through inheritance or gift during the marriage, or explicitly outlined as separate in prenuptial or postnuptial agreements.

Separation

Also known as legal separation, the legal status or arrangement in which spouses live apart from each other or separate in other legal ways while still legally married.

Severance Payments

A payment or continued salary payments for a period of time after someone leaves or loses a job.

Shared Property

Also known as marital property or joint property, assets and/or liabilities earned, acquired, or built up during the marriage regardless of individual ownership or contribution.

Signing Bonus

A lump-sum payment offered to a new employee as an incentive to join the company.

Sole Decision-Making

Also known as individual decision-making, a parenting arrangement where one parent has the exclusive right and responsibility to make major decisions about their children's welfare, including decisions related to education, healthcare, and religion, typically due to the court's determination that this arrangement best serves the children's interests.

Sole Legal Custody

A legal parenting arrangement where one parent has the exclusive right to make major decisions about the child’s welfare, including education, healthcare, and religious upbringing, without the need to consult the other parent.

Sole Physical Custody

A legal parenting arrangement where the children reside primarily with one parent, who is responsible for their daily care and supervision, while the other parent may have visitation rights.

Spousal Maintenance

Also known as alimony or spousal support, financial support paid by one spouse to the other, typically on a regular basis, post-divorce to fill the gap between the recipient’s income and need.

Spousal Support

Also known as spousal maintenance or alimony, financial support paid by one spouse to the other, typically on a regular basis, post-divorce to fill the gap between the recipient’s income and need.

Standard of Living

Also known as marital standard of living, the degree of comfort you and your spouse lived in during your marriage, including the home you lived in, the vacations you took, restaurants you ate at, and the overall lifestyle that you lived.

Stock Options

Rights granted to purchase company stock at a predetermined price within a specified timeframe.

Stocks

Ownership stakes in publicly traded companies, subject to market fluctuations and typically held in shares.

Student Loan

An educational loan incurred by either spouse typically for tuition, fees, books, or other educational expenses although they may be used for personal expenses as well.

Tax Sheltered Annuities (TSAs)

Also called 403(b) plans, similar to 401(k) plans but are typically offered to employees of tax-exempt organizations, like public school teachers, nurses, non-profit organizations, and certain ministers.

Term Lie Insurance

A life insurance product that provides coverage for a specified period, typically 10, 20, or 30 years, with a death benefit paid if the insured individual dies during the term.

Tracing

The process of identifying and segregating separate property contributions to a hybrid asset or liability to determine each party's rightful share.

Traditional IRA

A non-qualified retirement account where contributions are typically tax deductible when made, earnings grow tax-deferred, and with required minimum distributions after a certain age.

Transformative Mediation

A mediation style that seeks to empower parties to transform their relationship and communication patterns, with the goal of fostering understanding, empathy and mutual respect, which can lead to long-term positive changes in the parties' relationship dynamics and interactions.

Trial

In litigation, if parties are unable to reach agreements on key issues through negotiation or mediation, the process where a judge or judicial officer hears evidence, considers arguments from both sides, and issues a final judgment resolving the disputed issues.

Underemployed

When an individual is not earning income to their full potential, in which case the court may impute income based on earning capacity, education, and work history.

Uniform Transfer to Minors Act (UTMA) and Uniform Gift to Minors Act (UGMA)

Custodial accounts established by adults on behalf of minors that allow for the transfer of assets, such as cash, securities, or real estate, to minors, who gain control of the assets upon reaching the age of majority, typically age 18 or 21.

Universal Life Insurance

A life insurance product like a whole life policy but combining a death benefit with an investment component, allowing policyholders to build cash value over time and have more flexibility in premiums paid, the death benefit and investment options.

Unrepresented

Also known as pro se, when a client proceeds in a legal matter, like divorce, without an attorney and is self-represented.

Valuation Date

The specific date used to determine the value of marital assets and liabilities for division between the parties.

Variable Costs

Also known as discretionary expenses, living expenses that are more variable and potentially more controllable than fixed expenses; they may be irregular and hard to plan for because these expenses are not always consistent and can be hard to budget.

Variable Income

Money or other financial assets earned that is not received on a set schedule or consistent amount and may be more difficult to anticipate moving forward, such as tips, bonuses or commissions.

Vehicle Loan

Also known as automobile loan, a debt or other financing arrangement for cars, motorcycles, boats, or other vehicles used by either or both spouses.

Vesting

The process by which an employee gains full ownership of stock options or other equity compensation over a set period or upon achieving specific milestones.

Vesting Schedule

The timeline over which an employee gains full ownership of benefits, like stock options or restricted stock units, typically requiring them to remain with the company for a set period.

Visitation

In some jurisdictions, the scheduled parenting time that the non-custodial parent spends with the children, ensuring they maintain a meaningful relationship despite not having physical custody (or limited time).

Wage Garnishment

A support payment method where funds are withheld directly from the payor’s paycheck through wage garnishment or income withholding orders, ensuring timely and consistent payments, most common when the payor has failed to make payments or has been difficult to work with on support.

Waiver Agreement

A binding spousal support agreement that does not have an opening for modification meaning both parties waive their right to seek a modification in the amount or duration of spousal support.

Warranty Deed

A legal document that guarantees the grantor has clear title to the property and the legal right to transfer it, providing assurances against any future claims or encumbrances.

Week-on/Week-off Schedule

Co-parenting schedule in which children spend one week with one parent and the next week with the other.

Whole Life Insurance

A life insurance product that provides permanent coverage with a guaranteed death benefit payable regardless of when the insured individual dies and potential cash value, as long as premiums are paid.

Withdrawal Agreement

Also known as participation agreement, a contractual commitment in a collaborative law process to resolve issues collaboratively and refrain from litigation; if either party terminates the collaborative law process, the attorneys are bound to withdraw from representing the clients in litigation.

Year-End Bonus

A discretionary or performance-based bonus given at the end of the fiscal year, typically reflecting annual achievements.

Zealous Advocate

A legal principle that requires lawyers to represent their clients with dedication, loyalty, and vigor to try for the best possible outcome, while maintaining ethical standards and meeting their legal obligations.