- 13 - other property awarded to the recipient equals approximately one- half of the property accumulated by the parties during marriage; (d) the payments are fixed in amount and not subject to contingencies, such as the death or remarriage of the recipient; (e) the payments are secured; (f) the needs of the recipient were taken into consideration in determining the amount of the payments; (g) the payments are related to the obligor's income; (h) there is a separate provision for support elsewhere in the agreements; and (i) the State court characterized the payments as alimony or a property settlement. Riley v. Commissioner, 649 F.2d 768, 774 (10th Cir. 1981), affg. T.C. Memo. 1979-237; Beard v. Commissioner, 77 T.C. 1275, 1284-1285 (1981); Widmer v. Commissioner, 75 T.C. 405, 409 (1980). a. Whether Mrs. Spector Surrendered Valuable Property Rights Mrs. Spector argues that she surrendered valuable property rights in Dr. Ehrenworth's pension, Dr. Ehrenworth's medical practice, the couple's art collection, the medical building, the Phoenix Corp., and the home Dr. Ehrenworth built in Watchung, New Jersey, in exchange for the weekly payments. We disagree that she surrendered those rights in exchange for the weekly payments. Both spouses surrendered rights to marital assets when they settled the property issues. They used the weekly payments both to achieve an acceptable division of their marital assets and to provide support for Mrs. Spector. However, the record does notPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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