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UNIT 10
APPLICATION AND ETHICS
BUSINESS PLANNING FOR DIVORCE
ANSWERS TO THE QUESTIONS
AT THE END OF THE FEATURE
ETHICS QUESTION
With respect to the division of property on divorce, should the conduct of the spouses
during the marriage be a factor? Why or why not? Yes, spousal conduct should be taken
into consideration when the couple’s property is divided. Which (if either) party was more
responsible for the breakup of the marriage is an important factor—without such conduct, there
CRITICAL THINKING
How might a spouse or ex-spouse overcome the business asset protection devices and
techniques discussed in this feature? Explain. A spouse can overcome some asset
protection devices by asserting that they represent a fraudulent transfer. Generally, this charge
requires proof of the other spouse’s “actual intent to hinder, delay, or defraud.” This is true, for
2 UNIT TEN: PROPERTY AND ITS PROTECTION