Michael Sampson

Michael Sampson

Carlton Fields Jorden Burt

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Domestic Partnership Agreements: FAQs

How do domestic partnership agreements (DPAs) and prenuptial or premarital agreements differ? Marriage contracts between two people who plan to marry are prenuptial agreements or antenuptial agreements. Marriage...more

8/31/2015 - Domestic Partnership DPA Florida Healthcare Surrogates Living Will Marriage Prenuptial Agreements Same-Sex Marriage Spouses

Domestic Partnership Agreements: Financial Disclosures and Privacy

To reduce risk of later attack on the domestic partnership agreement, domestic partners should make fair and reasonable financial disclosures to each other prior to signing the agreement. Each partner should disclose to the...more

8/24/2015 - 1099s 401k Alimony Business Income Child Support Deferred Compensation Disclosure Requirements Document Requests Domestic Partnership Family Businesses Gift Tax IRA IRS Joint Venture K-1 Palimony Pensions Privacy Concerns Profit Sharing Promissory Notes Retirement Plan Tax Returns Trusts W-2

Domestic Partnership Agreements: Survivor’s Rights on Death

This is the fifth installment of a seven-part series. Florida law provides for various death benefits if a married person predeceases his or her spouse and they have no premarital or postnuptial agreement. For unmarried...more

8/17/2015 - Death Benefits Domestic Partnership Florida Irrevocable Trusts Marriage Spousal Elective Share Spouses

Domestic Partnership Agreements: Support upon Termination of the Relationship

This is the fourth installment of a seven-part series. Florida law generally provides, when there is no premarital agreement, a marrying person’s right to alimony depends on the person’s need for alimony and the other...more

8/10/2015 - Alimony Child Support Civil Unions Common Law Marriage Domestic Partnership Florida IRS Marriage Palimony Same-Sex Marriage Separation Spouses Taxable Income

Domestic Partnership Agreements: Separate Property and Jointly Acquired Property

Domestic partnership agreements should list or include an attached schedule of each party’s separate property. If the parties agree, the agreement should protect ownership of property and interests in trusts as separate...more

8/3/2015 - Domestic Partnership Florida Personal Property Same-Sex Marriage Spouses

Domestic Partnership Agreements: The Home and Joint Expenses

Partners may acquire a home together, and they may contribute different amounts toward the purchase price. During their relationship, they may contribute different amounts toward improvements, the mortgage, insurance, and...more

7/27/2015 - Buyouts Domestic Partnership Marriage Mortgages Residential Property Owners Same-Sex Marriage Spouses

Domestic Partnership Agreements: Overview

Many couples who could not marry now can. The United States Supreme Court decision in Obergefell v. Hodges framed the issue of the fundamental right to marry and the choice to commit to and intimately associate with the...more

7/20/2015 - Divorce Equal Protection Fourteenth Amendment Marriage Marriage Equality Obergefell v. Hodges Prenuptial Agreements Same-Sex Marriage SCOTUS Spouses

Update Beneficiary Designations After Divorce or Annulment

The Florida Fourth District Court of Appeal held, with a few exceptions, upon entry of a final judgment of dissolution or annulment, any provision of a will that “affects” a former spouse is void under section 732.507(2),...more

7/8/2015 - Annulment Beneficiaries Divorce

Six Defenses to International Child Abduction (Updated)

A parent who moves with a child from the child’s home country to another country, or retains the child in the other country, may face accusations that the move or retention is wrongful. The parent who stays behind may assert...more

2/11/2015 - Child Abduction Child Custody Divorce

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction (Updated)

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,...more

2/11/2015 - Business Entities Divorce Due Process Jurisdiction Personal Jurisdiction Service of Process Trusts

Divorce and Beneficiary Designations—Florida Law Changes

Introduction - This article discusses a significant change in Florida law regarding the effect of dissolution or annulment of marriage on designations of one former spouse as beneficiary upon death of the insured other...more

1/23/2015 - Beneficiaries Broker-Dealer Divorce Employee Benefits Insurers Marital Assets Spouses

Expect Focus - Spot The Regulator, Volume IV, Fall 2014

In This Issue: - IN THE SPOTLIGHT ..Crisis Management: Five Steps to Take Before Providing That Comment - LIFE INSURANCE ..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate...more

1/16/2015 - Automotive Loans CFTC Class Action Consumer Complaint System Data Breach Divorce Driverless Cars FCC Healthcare HIPAA Insurance Industry Life Insurance Money Market Funds Mortgages NAIC Private Equity Funds STOLI Unsolicited Faxes

Death After Divorce: Who Gets the Proceeds?

Under the common law of some states, if an individual names his or her spouse as the beneficiary on a life insurance policy, gets divorced, and then dies without changing the beneficiary designation, the mere fact of a...more

1/5/2015 - Beneficiaries Divorce Surviving Spouse

Fifth District Reinstates Judgment Of Adoption

On May 21, 2014, the Fifth District Court of Appeal released: In the Matter of the Adoption of D.P.P., No. 5D13-1766 (Fla. 5th DCA May 21, 2014) (Not final until disposition of timely filed motion for rehearing), reversing an...more

5/23/2014 - Adoption

Family Law: Corporate And Trust Challenges To Service Of Process And Jurisdiction

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s...more

12/17/2013 - Affidavits Alter Ego Community Property Due Process Joinder Jurisdiction Personal Jurisdiction Service of Process

6 Defenses To International Child Abduction

A parent who moves with a child from the child’s home country to another country, or retains the child in the other country, may face accusations that the move or retention is wrongful. The parent who stays behind may assert...more

9/30/2013 - Child Custody Hague Convention Kidnapping

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