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Understanding the Division of Assets in Divorce Process

BLACKPRESSUSA NEWSWIRE — In 2023, almost 2 million Americans divorced, which shows how many families face difficult decisions about finances, property, and future stability. Understanding how the division of assets works can help individuals approach the process with greater confidence, reduce disputes, and make informed choices during a significant life transition.
The post Understanding the Division of Assets in Divorce Process appeared first on BlackPressUSA.

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By Billie Pollisotto

The division of assets in divorce involves identifying marital property, determining its value, and distributing it according to state laws and individual circumstances. These assets can range from family homes and bank accounts to retirement funds, investment portfolios, business interests, and outstanding liabilities, making it important to understand how property is divided to protect long-term financial stability and achieve a fair settlement.

One couple spent years building a comfortable life together, purchasing a home, growing retirement accounts, and accumulating valuable assets. When their marriage ended, they quickly discovered that dividing property was far more complex than simply splitting everything in half.

In 2023, almost 2 million Americans divorced, which shows how many families face difficult decisions about finances, property, and future stability. Understanding how the division of assets works can help individuals approach the process with greater confidence, reduce disputes, and make informed choices during a significant life transition.

What is a Division of Assets?

The division of assets in divorce helps establish how each spouse will move forward after the marriage ends.

Asset division often requires examining years of:

  • Financial decisions
  • Ownership records
  • Household contributions
  • Property transfers
  • Savings and retirement contributions
  • Business activities and growth

What Is Considered Marital Property?

Marital property generally includes assets acquired during the marriage, regardless of which spouse earned the income or whose name appears on ownership documents. Courts often view these assets as part of the couple’s shared financial partnership and, therefore, subject to division during divorce.

Examples of marital property may include:

  • Employment income earned during the marriage
  • Retirement savings accumulated while married
  • Real estate purchased after the wedding
  • Investment accounts and portfolio growth
  • Business interests developed during the marriage
  • Vehicles and recreational property
  • Bonuses, commissions, and profit-sharing benefits
  • Household furnishings and valuable personal belongings

Identifying marital property is one of the most important steps in the marital property division process because it establishes what may be included in settlement negotiations or court proceedings.

Assets That Remain Separate Property

While much of the focus in divorce is on dividing shared assets, identifying property that is not subject to division can be just as important. Separate property is generally excluded from the marital estate, which means it is not typically distributed between spouses during the divorce process.

The ability to establish separate ownership often depends on documentation and the history of the asset. Items that may qualify as separate property include:

  • Preexisting savings and investments
  • Family inheritances
  • Personal gifts from relatives or friends
  • Trust assets designated to one spouse
  • Certain legal settlements
  • Property covered by divorce settlement agreements

Disputes frequently arise when there is limited evidence showing when an asset was acquired or how it was maintained throughout the marriage. Records that demonstrate a clear chain of ownership can help distinguish separate property from assets that became intertwined with the couple’s finances.

Equitable Distribution Versus Community Property

The way assets are divided during divorce often depends on the laws of the state where the case is filed. States generally follow either an equitable distribution system or a community property system.

Under equitable distribution laws, courts divide marital assets in a manner they consider fair based on the circumstances of the marriage. An equitable distribution divorce is not always an equal division.

Judges may evaluate factors such as:

  • Each spouse’s financial situation
  • Future earning potential
  • Contributions to the marriage
  • Overall economic needs

Community property states take a different approach. In these states, most assets and debts acquired during the marriage are generally viewed as jointly owned and may be divided equally between spouses.

Documenting Your Finances

Accurate financial records can play a major role in the division of assets in the divorce process. Organized documentation helps establish what assets exist, when they were acquired, their current value, and how they were used throughout the marriage.

It can also reduce disputes and make settlement discussions more efficient. Important documents to gather may include:

  • Tax returns
  • Bank account statements
  • Retirement account records
  • Investment statements
  • Mortgage documents
  • Credit card statements
  • Business financial records
  • Insurance policies

Keeping detailed records becomes especially important when assets have changed over time or when spouses disagree about ownership. Financial documentation can also be useful for couples considering the difference between legal separation and divorce.

Both situations may require a clear understanding of income, assets, and financial obligations.

Frequently Asked Questions

Are Frequent Flyer Miles and Rewards Points Considered Marital Assets?

Frequent flyer miles, hotel loyalty points, credit card rewards, and similar benefits may be considered marital assets if they were earned during the marriage. Their treatment varies by state and depends on:

  • The type of rewards program
  • The value involved
  • The specific circumstances of the divorce
  • How the rewards were accumulated
  • The terms and restrictions of the loyalty program

Some couples choose to divide the rewards directly. Others offset their value with other marital assets.

Because many loyalty programs have restrictions on transferring points, courts may consider alternatives.

What Happens if a Spouse Refuses To Disclose Financial Information?

Courts generally require both spouses to provide complete and accurate financial disclosures during a divorce. If a spouse refuses to disclose financial information, the court may:

  • Order the production of records
  • Impose sanctions
  • Award attorney fees
  • Draw negative conclusions about the missing information

In serious cases, a judge may reopen a settlement or modify a property division order if hidden assets are discovered after the divorce is finalized.

What Is Asset Tracing in a Divorce Case?

Asset tracing is the process of tracking the origin, movement, and ownership of money or property during a divorce. It is often used to determine whether an asset should be classified as marital property or separate property.

This process can become important when assets have been mixed together over time. For example, if one spouse used an inheritance to purchase a home or deposited separate funds into a joint account, asset tracing may help establish how much of the asset remains separate.

Understand the Division of Assets in Divorce Today

The division of assets in divorce is a complicated process. Make sure you understand the laws and work with the right experts for an easier time.

Do you need more help managing your finances? Explore some of our other articles.

The post Understanding the Division of Assets in Divorce Process appeared first on BlackPressUSA.

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COMMENTARY: Jim Crow 2.0 at the Pentagon

BLACKPRESSUSA NEWSWIRE — The American people are expected to believe that one extraordinary officer after another suddenly fails to meet some undefined standard of excellence. We are expected to ignore impeccable service records while accepting that political appointees alone possess the wisdom to determine who is worthy of advancement.

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Photo: iStockphoto / NNPA.

Pete Hegseth insists that he is restoring “merit” to the United States military. But after months of dismissals, blocked promotions, and ideological purges, the evidence tells a different story. His campaign against so-called “diversity, equity, and inclusion” has become something far more dangerous: an assault on equal opportunity that falls with particular force on African Americans, while also targeting women, Latinos, gay Americans, and transgender service members.

The latest example is both troubling and infuriating.

Once again, Defense Secretary Pete Hegseth has reportedly blocked the promotion of an exceptionally qualified woman—Rear Admiral Amy Bauernschmidt. Bauernschmidt is no ordinary officer. She became the Navy’s first woman to command a nuclear-powered aircraft carrier, one of the most demanding leadership assignments in the world. Her career reflects decades of exemplary performance, operational excellence, and leadership under extraordinary pressure.

Yet once again, a distinguished military career appears to have been subordinated to an ideological agenda masquerading as “merit.”

I call BS!

The American people are expected to believe that one extraordinary officer after another suddenly fails to meet some undefined standard of excellence. We are expected to ignore impeccable service records while accepting that political appointees alone possess the wisdom to determine who is worthy of advancement.

The pattern has become impossible to ignore.

General Charles Q. Brown Jr., only the second African American to serve as Chairman of the Joint Chiefs of Staff, was dismissed despite a career that placed him among the most accomplished military leaders of his generation.

Admiral Lisa Franchetti, the first woman ever to serve as Chief of Naval Operations, was removed despite decades of distinguished command experience.

Reports have documented interventions that blocked or delayed the promotions of Black officers and women selected through the military’s rigorous promotion system.

Now Rear Admiral Amy Bauernschmidt joins the growing list of highly accomplished officers whose careers have been derailed for reasons that have never been persuasively explained.

Where is Congress?

Its silence has become deafening.

Congress has an independent constitutional responsibility to oversee the armed forces. Instead, too many lawmakers have watched silently while one of the nation’s most respected institutions is subjected to ideological litmus tests and political interference.

This is not military reform.  It is testosterone-fueled performative masculinity disguised as a philosophy of military excellence.

The irony is impossible to miss. Hegseth repeatedly invokes “merit,” yet his rhetoric begins with the assumption that Black officers, women, and other historically excluded Americans must somehow justify their achievements in ways that white male officers are rarely required to do.

That is not meritocracy.  It is prejudice wrapped in patriotic language.

No one is asking that anyone be promoted because of race or gender. Americans simply expect that promotions be based on demonstrated competence, leadership, integrity, and service. The officers being targeted have already proven themselves repeatedly under one of the world’s most demanding evaluation systems.

Their records speak for themselves.

The attack on African American military leadership has been especially pernicious.

For generations, Black Americans fought in segregated units, earned decorations while denied equal treatment, and repeatedly demonstrated loyalty to a nation that often failed to extend them full citizenship. They broke barriers not because standards were lowered but because excellence finally overcame institutional discrimination.

Today’s campaign against “diversity” threatens to revive old assumptions under new slogans.

The implication that Black generals and admirals somehow owe their success to affirmative action rather than extraordinary performance echoes some of the ugliest stereotypes of the Jim Crow era. Yesterday’s segregationists claimed Black Americans were inherently less qualified. Today’s culture warriors simply employ more politically acceptable language while inviting the same suspicion about Black achievement.

That is why Hegseth’s campaign increasingly resembles Jim Crow 2.0.

The targets may now wear stars on their shoulders instead of military patches on segregated uniforms, but the underlying message is hauntingly familiar: Black excellence is presumed suspect, while white excellence is presumed earned.

America’s military became the finest fighting force in history because it opened its doors to talent wherever it could be found. It grew stronger after President Truman desegregated the armed forces. It became stronger when women assumed greater command responsibilities. It became stronger when every qualified American was given the opportunity to serve to the fullest extent of their abilities.

Diversity is not a concession.  It is a strategic advantage.

The nation’s adversaries do not fear an American military because it is racially homogeneous. They fear it because it draws upon the talents of more than 340 million Americans whose diverse experiences, perspectives, and abilities make our armed forces unmatched anywhere in the world.

Every politically motivated dismissal of a distinguished officer sends a chilling message throughout the ranks: excellence alone may no longer be enough if you belong to the wrong demographic group.

That weakens morale.  It weakens recruitment.  It weakens retention.

And ultimately, it weakens national security.

Pete Hegseth has every right to pursue military readiness. He has no right to redefine merit in ways that repeatedly cast suspicion upon the accomplishments of Black officers, women, and others who have devoted their lives to defending this nation.

America deserves better.  The men and women who wear the uniform deserve better.  The Constitution deserves better.

And unless Congress finds the courage to exercise meaningful oversight, history may well remember this period not as a restoration of military excellence, but as the moment political ideology attempted to resurrect, in modern form, the old poison of exclusion.

Jim Crow did not strengthen America.  Jim Crow 2.0 will not strengthen America’s military.  It will only diminish it

Wade Henderson
Strategic Advisor
Civil and Human Rights
wade@wadejhenderson.com

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New Judge Could Decide if Karmelo Anthony Gets a New Trial

By Emilie St. John (Contributor) Karmelo Anthony will return to court next month in his first step to overturn his murder conviction. Anthony was found guilty last month in the stabbing death of Austin Metcalf and sentenced to 35 years in prison. His new legal team has filed motions seeking the recusal of State District […]
The post New Judge Could Decide if Karmelo Anthony Gets a New Trial appeared first on BlackPressUSA.

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By Emilie St. John
(Contributor)

Karmelo Anthony will return to court next month in his first step to overturn his murder conviction.

Anthony was found guilty last month in the stabbing death of Austin Metcalf and sentenced to 35 years in prison. His new legal team has filed motions seeking the recusal of State District Judge John Roach Jr. from overseeing the appeals process.

Two hearings have been scheduled on the motion for Aug. 9 and 10 in the Collin County Courthouse in McKinney, Texas, according to Fox4 News.

On July 14, Senior Judge Sid L. Harle of the 226th District Court was assigned to preside over the defense’s motion to recuse Collin County Judge John Roach. The assignment took effect immediately and authorized Harle to handle all matters related to the recusal request, the filing read. 

The Collin County District Attorney’s Office continues to defend its handling of the case by issuing a statement to NBC 5 DFW.

“The defendant’s new lawyers have filed a motion containing several inaccurate characterizations of the trial proceedings. The entire prosecution team and I conducted this trial ethically and in full compliance with the Court’s rulings and any agreements with defense counsel. We look forward to addressing these claims thoroughly in a Court of law in the coming weeks. The jury heard extensive evidence over the course of the trial and returned a unanimous verdict. We remain confident in that verdict and the fairness of the proceedings.” 

Anthony’s new legal team, made up of appellate, civil rights, and criminal defense attorneys, was retained following Anthony’s conviction.

“Our responsibility is to determine whether a legal error occurred and to ensure that every issue supported by the record is fully and vigorously presented on appeal,” the team said in a statement.

“We recognize the profound loss suffered by one young man’s family and the uncertainty facing another, and we extend our respect to everyone whose lives have been forever changed by these events,” the release reads.

Anthony was charged with the stabbing death of Austin Metcalf during a track meet in Frisco, Texas, April 2, 2025. Anthony has long maintained it was an act of self-defense.

The attorneys are representing Anthony pro bono. The nearly 200-page notice of appeal seeks a new trial because his Sixth Amendment right to a public trial was violated.

“The cumulative and practical effect of these provisions was to exclude members of the public from proceedings at every stage,” the filing reads. 

The filing also focused on an alleged “handshake deal” that kept Anthony from taking the stand in his defense.

The defense filing said the agreement was that the jury would not hear that Metcalf and his twin brother had been accused of racism and bullying in the past. In exchange, they also would not see Anthony’s cellphone records or his school disciplinary record, according to court documents reported by the Dallas Morning News.

Anthony’s former defense attorney, Mike Howard, said the defense relied heavily on that deal. The team chose not to ask certain questions of witnesses or call on a separate expert witness based on that agreement. It also abandoned plans to introduce testimony and evidence about the allegations against Metcalf and his brother.

Appellate attorney Russell Wilson is now handling post-trial proceedings and Anthony’s appeal.  He recently sat down for an interview, stating, “The court committed multiple errors during the June murder trial, preventing him from receiving a fair trial.”

“You know, we file motions that we expect to prevail on, but we understand that there’s two sides to every story. And at the end of the day, it’ll be a judge that has to make these decisions, but we feel confident in the positions that we’re taking,” Wilson said during an interview with WFAA. “There were substantial issues that we thought a reviewing court needed to look at. We thought these were constitutional irregularities, and we could have them addressed now. And so, we put them into a motion for a new trial.”

Bree West, a former Dallas County Assistant District Attorney, found it startling that so little time was given to Anthony’s team for such a serious “life or death” situation.

“I do think that it’s really challenging that potentially a court decided that you have 10 minutes to make that level of decision when it has the potential of being life-altering,” said West during an interview with Fox 4 News.

Judge Harle is no stranger to high-profile cases, having presided over the prosecution of a police officer charged in connection with the 2022 mass shooting at Robb Elementary School in Uvalde.   

Anthony was convicted on June 9 of the murder of Austin Metcalf and sentenced to 35 years in prison.

The post New Judge Could Decide if Karmelo Anthony Gets a New Trial appeared first on BlackPressUSA.

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COMMENTARY: LSMFT! Lord Save Me from Trump!

WESTSIDE GAZETTE — The author criticizes Donald Trump’s rhetoric, noting his use of terms like “Dumbocrats” and “Communist” to describe Democrats and democracy. The column asserts that Trump’s current strategy involves creating doubt about midterm elections due to a lack of Republican agenda.
The post COMMENTARY: LSMFT! Lord Save Me from Trump! appeared first on BlackPressUSA.

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Frankly Speaking

Wow! Wow! Wow! The swamp drainers have truly stepped down to new levels of stupidity. You remember Weapons of Mass Destruction? We now have Weapons of Mass Distraction. Trump has introduced Dumbocrats and Communists into the conversation about Democrats and Democracy.

Trump lies so much, and his current strategy is to set up doubt about midterm elections because he and Republicans have no agenda!

He has no “Trump “ card, but Iran has a strait! He called it a skirmish; it’s now a War. He said five days; now it’s five months. He said few casualties; now it’s 18 deaths. He knew nothing about Project 2025 but hired its architects! Trump lies about the lies and often forgets these little inventions called cameras and phones

We see and hear and then see and hear the inconsistencies.

I didn’t like 45 and dislike 47 even more!

The post LSMFT! Lord Save Me From Trump! appeared first on The Westside Gazette.

Based on reporting by Westside Gazette.



The post COMMENTARY: LSMFT! Lord Save Me from Trump! appeared first on BlackPressUSA.

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