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  • Is Equitable Distribution of Marital and Non-Marital Assets the Same As Equal Distribution?

    Is Equitable Distribution of Marital and Non-Marital Assets the Same As Equal Distribution?

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    No, equitable distribution of marital and non-marital assets is not the same as equal distribution. Equal distribution states, known as community property states include California, Louisiana, New Mexico, Washington, Arizona, Idaho, Nevada, Texas, Wisconsin, and by agreement of both parties, Alaska. All other states distribute marital assets using the term "equitable" which, in legal terms, means "fair" distribution of assets. (Debts are also termed marital and non-marital and will be distributed equally or equitably according to the parties state of residence). The actual fairness of the distribution will depend on if a couple can negotiate their own equitable distribution through the mediation process, required in Florida, for example, or if a judge must use his or her interpretation of what will be fair for each party, particularly when looking into the past for who contributed what to the marriage and into the future for how each party will continue to manage as a single, now responsible for their own welfare.

    Non-marital assets include all property, real and otherwise which a party obtained before the marriage took place. For example property such as a home, high-end furniture or electronics, valuable jewelry, and / or a vehicle, if completely paid for by a party prior to his or her marriage would be termed non-marital and be retained by that party. Also property real or otherwise, if sold during the marriage could provide profit belonging to the owning party to be used at his or her discretion. An inheritance or specific gift can also be termed non-marital. Substantial proof of the pre-marital ownership or post-marital acquisition of all non-marital assets will be required before the actual acceptance of an asset as non-marital.

    Marital assets are all property and items accumulated and / or purchased during the marriage. Monies earned during the marriage are also looked at to determine what each party has contributed to the welfare of the union. It is important to understand that, for example, a woman or man who has stayed home to care for home and children will have their years of non-monetary work be given a value which will compute into dollars when figuring the actual equitable distribution. The lifestyle of the family and how each party will be able to continue following the final judgment will also be a factor when a judge decides the final distribution. Remember, "fair" is the keyword is making an equitable distribution. Length of the marriage, the parties economic situation, contributions to the education or career or the other party, the need to keep an asset such as a business or family heirloom, severe waste of assets during 2 years prior to filing, and the wisdom of retaining the marital home, particularly if minor children are involved are all considerations when determining equitable distribution. A complete list of considerations for equitable distribution of marital assets and debts in the state of Florida can be found in Florida Statute 61.075.

    As can be easily seen, the whole issue of determining marital versus non-marital and equitable distribution involve a whole maze of considerations. An experienced legal professional will be able to help his or her client sort out the many in and outs, as well as help collect the necessary proofs needed. And finally, if you are serious about a dissolution of your marriage, try to the best of your ability to work out your final agreement during your meditation when you and your spouse can determine the equitable distribution for yourselves. A lot of feelings can be hurt when a judge is the one to tell you what you can and cannot keep. Finally, if the equitable distribution decided on during mediation is extremely one-sided a judge can refuse to sign the final order, so be fair, "equitable" and all will benefit.

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    Source by Grant J Gisondo

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  • Climate Change: Its Ill-Effects on Health

    Climate Change: Its Ill-Effects on Health

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    The temperature increase in the atmosphere is more specifically referred to as global warming. But the climate change is the term currently favored by scientists, as it explicitly includes not only Earth’s increasing global average temperature, but also the climate effects caused by this increase.

    Any gas, which has the property of absorbing infrared radiation emitted from Earth’s surface and reradiating it back to Earth’s surface, is called greenhouse gas. Carbon dioxide, methane, and water vapor are the most important greenhouse gases. Other greenhouse gases include, but are not limited to, surface-level ozone, nitrous oxide, sulfur hexafluoride, hydro fluorocarbons, per fluorocarbons and chlorofluorocarbons.

    Though a naturally occurring phenomenon, the greenhouse effect results in a warming of Earth’s surface and troposphere – the lowest layer of the atmosphere. Of the greenhouse gases, water vapor has the largest effect.

    Some important causes of greenhouse effect include burning of fossil fuels such as coal, oil and natural gas, deforestation, increase in population, farming, and industrial wastes and landfills.

    Greenhouse gases trap heat in the atmosphere. With higher than normal concentrations, they lead to unnatural warming. The main cause of the current global warming trend is human expansion of the greenhouse effect, a warming that results when the atmosphere traps heat radiating from Earth toward space.

    Even a small global temperature increase could lead to troubling consequences like rising sea levels, population displacement, disruption to the food supply, flooding, and ill-effects on health. As a matter of fact, human health bears the greatest brunt of the consequences of the climate change.

    Ill-effects of climate change on health –

    Climate change can affect human health mainly in two ways: first, by changing the severity or frequency of health problems that are already affected by climate factors and second, by creating health problems in places where they have not previously occurred.

    Effects of temperature increase –

    Increasing concentrations of greenhouse gases lead to an increase of both average and extreme temperatures. This can compromise the body’s ability to regulate its temperature. Loss of internal temperature regulation can result in a cascade of illnesses, including heat cramps, heat exhaustion, heatstroke and hyperthermia in the presence of extreme heat, and hypothermia and frostbite in the presence of extreme cold. Temperature extremes can also worsen chronic conditions such as cardiovascular disease, respiratory disease, cerebro-vascular disease, and diabetes-related conditions.

    People working outdoors, socially isolated, economically disadvantaged and those with chronic illnesses are more vulnerable to the impact of temperature increase.

    Effects of air quality –

    Climate change has modified weather patterns, which in turn have influenced the levels and location of outdoor air pollutants such as ground-level ozone (O3) and fine particulate matter. Increasing carbon dioxide (CO2) levels also promote the growth of plants that release airborne allergens. Higher pollen concentrations and longer pollen seasons can increase allergic sensitization and asthma episodes, thereby limiting productivity at work and school. Poor air quality, whether outdoors or indoors, can negatively affect the human respiratory and cardiovascular systems.

    Effects of extreme events –

    Climate change causes an increase in the occurrence and severity of some extreme events, which can have health impacts such as death or injury during an event, for example, drowning during floods. Health impacts can also occur before and after an extreme event, as individuals involved in activities such as disaster preparation and post-event cleanup put their health at risk. The severity and extent of health effects associated with extreme events depend on the physical impacts of the extreme events themselves.

    Vector borne diseases –

    Vector-borne diseases are transmitted by vectors, which include mosquitoes, ticks, and fleas. These vectors can carry infective pathogens such as viruses, bacteria, and protozoa, which can be transferred from one host (carrier) to another. The seasonality, distribution, and prevalence of vector-borne diseases are influenced significantly by climate. Climate change is likely to have both short- and long-term effects on vector-borne disease transmission and infection patterns, affecting both seasonal risk and disease occurrence over decades.

    Water related diseases –

    Climate change is expected to affect fresh and marine water resources in ways that will increase people’s exposure to water-related contaminants which cause illness. Water-related illnesses include waterborne diseases caused by pathogens such as bacteria, viruses, and protozoa. Water-related illnesses are also caused by toxins produced by certain harmful algae and by chemicals introduced into water sources by human activities. Exposure occurs through ingestion, direct contact with contaminated drinking or recreational water and through consumption of contaminated fish and sea food.

    Effects on mental health –

    Mental health consequences of climate change range from minimal stress and distress symptoms to clinical disorders such as anxiety, depression, post-traumatic stress, and suicidal tendencies. The children, elderly, women (especially pregnant and post-partum women), people with preexisting mental illness, economically disadvantaged, and homeless are more exposed to its mental health consequences.

    Effects on food safety and quality –

    Climate change is very likely to affect global, regional, and local food safety by disrupting food availability, decreasing access to food and making utilization more difficult. Higher concentrations of CO2 can lower the levels of protein and essential minerals in a number of widely consumed crops, including wheat, rice, and potatoes, with potentially negative implications for human nutrition. Poor nutritional quality of food is more likely to affect adversely the vulnerable sections of the population.

    The bottom line –

    Over the last 50 years, human activities have released sufficient quantities of carbon dioxide and other greenhouse gases to trap additional heat in the lower atmosphere and affect the global climate. According to WHO (World Health Organization):

    • Climate change affects the social and environmental determinants of health – clean air, safe drinking water, sufficient food and secure shelter.
    • Between 2030 and 2050, climate change is expected to cause approximately 250000 additional deaths per year, from malnutrition, malaria, diarrhea and heat stress.

    So, in view of the serious repercussions of climate change on human health, we all have to make concerted efforts to reduce emissions of greenhouse gases through better transport, food and energy use choices so as to improve our health particularly through reduced air pollution.

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    Source by Dr. Pran Rangan

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