Dobbs
What did Dobbs hold?
What did Roe and Casey hold?
1) The Con. does not give a right to abortion, and 2) SCOTUS can change a decision if it was made incorrectly
Roe guaranteed the right to obtain an abortion until fetal viability
Casey held that states could not impose an undue burden on this right
What is the putative marriage doctrine?
Enables a court to provide equitable relief to a party who acted in good faith in entering a marriage that was subsequently declared invali
Discuss the division of property rights generally?
In most cases, courts attempt to place the parties in their pre-“marriage” position. Usually courts try to divide the property by giving to each party that property to which he has legal or equitable title, although some courts use standards of property division closer to those used in divorce cases.
What is alimony/spousal support?
is a court-ordered payment from one spouse to another after a divorce, or during a separation. It aims to ensure the financially dependent spouse can maintain a comparable standard of living after the divorce as they did during the marriage
Taylor and Jordan participated in a wedding ceremony conducted by a friend who was not legally authorized to officiate marriages in their state. They lived together for seven years, filed joint tax returns, and introduced each other as spouses. Taylor now seeks spousal support and a share of the marital property. Jordan argues the marriage was never valid.
Discuss Taylor’s rights under the putative spouse doctrine.
Definition: A person who believes in good faith they are legally married.
Key: Even if the marriage is invalid, some states grant rights similar to legal spouses.
Apply: Taylor likely qualifies as a putative spouse due to long-term cohabitation, joint tax filings, and belief in marriage. May be entitled to support and property division.
How did the reasoning change?
Gave power back to the states and said precedent cases had weak reasoning
What may a putative spouse do?
A putative spouse may acquire the rights of a legal spouse, including rights to alimony and property, when the marriage is invalidated.
Spouses are considered joint owners of most assets and debts acquired during their marriage. This means that while one spouse may have earned a salary or purchased a house, the other spouse also has a right to that asset. Community property is generally divided equally between the spouses in the event of divorce or death.
What is palimony?
refers to financial support awarded to one partner in a non-marital relationship after the partners separate
After 12 years of marriage, Dana and Reese divorce. The court awards Dana rehabilitative alimony for five years to allow time to complete a nursing program. Two years later, Dana inherits $1.5 million. Reese petitions to terminate the alimony.
Discuss whether the alimony order can be modified or terminated, and what factors the court would consider.
Rule: Alimony can be modified based on a material change in circumstances.
Factors: Inheritance is relevant; court may consider Dana’s need, Reese’s ability to pay, and the original purpose of alimony.
Apply: Likely grounds for modification or termination, but the court may still weigh fairness.
How did privacy concepts change?
Roe said right to abortion was found in right to privacy conferred by the 1st, 4th, 5th, 9th, and 14th Amendment
But this right is NOT conferred in the US Con.
What is generally held regarding the rights of a putative spouse?
However, it is generally held that the rights of a putative spouse may not supersede a legal spouse’s rights, and the court must use equity in apportioning their rights to alimony and property.
Note, too, that in some community property states, the doctrine of putative spouse may come into play. In those states, a party who enters into an invalid marriage in good faith, without knowledge of the defect, is entitled to community property rights.
What is the concept of private ordering?
This refers to agreements of the parties from prenuptials to custody agreements, post-nuptial separation agreements
Briefly explain the holding in Dobbs v. Jackson Women’s Health Organization and discuss its impact on family law at the state level.
Holding: Overturned Roe v. Wade, removing federal constitutional protection for abortion.
Impact: States now have full authority to regulate or ban abortion; this affects parental decision-making rights, minors’ access, and related family law areas.
What is the legal reasoning in the shift of policies?
Roe and Casey had negative impacts on the other legal doctrines and areas of the law including 3rd party standing, res judicata, severability, and the standard for facial constitutional challenges
What is an annulment?
What two types of marriage are subject to annulment?
a declaration that a marriage is invalid; i.e., that due to an impediment at the time of the marriage, no marriage ever occurred. Thus, once a decree of annulment has been entered, the parties generally are treated as if they had never been married.
Void and voidable marriages
The purpose of premarital agreements is to provide for a distribution of assets upon divorce or death in a way that is different from what the law would ordinarily require.
Discuss some factors courts consider in awarding alimony.
Length of the marriage
Earning capacity and job prospects of each spouse
Age and health of each spouse
Standard of living during the marriage
Contributions (financial and non-financial, like homemaking or child-rearing)
Time needed for recipient to become self-sufficient
Marital misconduct (sometimes, especially in fault-based states)
Property division outcomes
Casey and Morgan are divorcing after a 15-year marriage in an equitable distribution state. Morgan is a stay-at-home parent; Casey is a high-earning software engineer. During the marriage, they acquired a home, several investment accounts, and Casey’s stock options. Morgan claims a share of all assets, including the stock options.
Discuss how the court is likely to distribute the assets, particularly the stock options.
Rule: Equitable ≠ equal. Courts look at contributions, needs, earning power, and roles during the marriage.
Apply: Morgan may get a larger share due to non-financial contributions.
Stock options: If earned during marriage, they’re likely marital property (even if unvested), subject to distribution.
What role did religion play?
Abortion is distinct from other rights rooted in privacy and autonomy because of the moral questions raised by ending fetal life
Discuss difference in void marriage v. voidable marriage.
A void marriage is invalid from the beginning, while a voidable marriage is valid until annulled.
What is the alimony formula?
higher income - lower income - health insurance - 30-35% if any child support minus that
-courts may also sometimes consider the amount of time the spouses have been married
Discuss modification and termination of alimony.
Modifiable alimony can be changed with a material change in circumstances (e.g., job loss, illness, remarriage).
Non-modifiable alimony cannot be changed if agreed in writing.
Alimony usually ends upon remarriage of the recipient or the death of either party.
Cohabitation may also trigger termination in some states.
Jordan and Alex have been married for 18 years and are divorcing in an equitable distribution state. Jordan is a high school teacher who paused their career to raise the couple’s two children for 10 years. Alex is a successful architect who recently received a $100,000 performance bonus and has significant stock options that are unvested but were granted during the marriage.
During the marriage, they purchased a home, two vehicles, and started a small real estate investment portfolio. The home is titled in Alex’s name only, but both contributed to the mortgage and upkeep. Alex argues that the house and stock options should not be split because Alex earned them. Jordan seeks a larger share of the marital estate, citing lost career opportunities and parenting contributions.
Question:
Discuss how the court would likely divide the couple’s property, including the home and stock options. Consider the relevant factors in an equitable distribution analysis.
Is the state community property or equitable distribution? (It’s equitable here.)
What property is marital vs. separate?
How are contributions (economic and non-economic) evaluated?
What’s the treatment of stock options granted during marriage but not yet vested?
Is the house marital property even if titled in one spouse’s name?
Should Jordan receive a larger share due to career sacrifices?