Author Question: Joe and Claudia divorced five years ago. Claudia retired last year and receives social security but ... (Read 101 times)

lb_gilbert · **on:** Aug 3, 2018

Joe and Claudia divorced five years ago. Claudia retired last year and receives social security but no pension. Joe retired this year and is receiving social security and a pension that was not mentioned in the parties' separation agreement at the time of their divorce. Claudia tells Joe that she wants half his pension but Joe tells her she is out of luck. He disclosed it and she knew about it at the time of the divorce and was not given a share. If he is right, this is an example of what can happen when which of the following characteristics of an effective separation agreement is most clearly not satisfied?

A) The agreement is comprehensive.
B) The terms of the agreement are clearly defined.
C) The agreement accurately reflects the parties' intentions.
D) The agreement is fair and freely entered.

Question 2

Anita and Steve were divorced in 2011. In their separation agreement, Anita agreed to carry their son, Joshua, on her health insurance. In addition, they both agreed to divide equally any of Joshua's uninsured medical expenses. The agreement specifically stated that Steve agreed to pay 50 percent of the health insurance premiums Anita was paying. After the divorce, Steve claimed he should only be responsible for 50 of the health insurance premiums paid for Jessie and not those paid for Rita's benefit. According to the terms of the agreement described above, Kelly's claim was denied. Which of the following characteristics of an effective separation agreement was not satisfied in this case?

A) The agreement is fair and freely entered.
B) The agreement is comprehensive.
C) The agreement accurately reflects the parties' intentions.
D) None of the above were satisfied.