What is a Special Master?
How does mediation work in my divorce?
What is Community Property?
What is an AFI? How is it used in my case?
Arbitration vs. Trial
Why does my spouse have an interest in my separate business?
Does my spouse's affair have an impact on my divorce case?
Parenting Time in Arizona - What Does it Mean?
If I won my case, why do I need to worry about an appeal?
What is a Parenting Coordinator and Why Do We Need One?
What is arbitration?
What are the advantages of mediation?
How much will I receive in spousal maintenance?
Do same sex couples have the same legal rights as other couples?
What are the steps of an appeal?
What is Opting Out?
How is litigation involving spouses handled in Arizona?
Is a trial my only option during a divorce?
Fighting for Education Rights: Equal Justice for Pregnant and Parenting Students
Who pays attorney fees in a divorce proceeding?
In a historic decision, the United States Supreme Court in Obergefell v. Hodges recently held that the Fourteenth Amendment of the United States Constitution requires all jurisdictions in all fifty states to: (1) license a...more
In This Issue:
New South Wales (NSW).
14 July 2015 - Ping Yuan v Da Yong Chen  NSWSC 932
The New South Wales Supreme Court has made a declaration allowing an unconscious man's wife to consent to the...more
On June 26, 2015, in Obergefell v. Hodges, the Supreme Court of the United States determined that it is unconstitutional for a state to ban same-sex couples from exercising the fundamental right to marry. As a result of this...more
When important changes occur in life, it is advisable to reevaluate your estate planning to ensure it continues to meet the goals and objectives you have for your estate and your beneficiaries – and going through a divorce is...more
In a recent unpublished decision, the New Jersey Appellate Division has again stressed the importance of complying with the beneficiary designation requirements contained in life insurance policies. See Fox v. Lincoln...more
Michelman and Robinson, LLP (M&R) has written to California State Senator Connie Leyva recommending amendment of SB 585. This bill would require insurers to divert claims payments to a new state child support program if the...more
Divorce or separation agreements often require one spouse to maintain life insurance as security for their support obligation. Attorneys often do not address the tax implications if the insured spouse owns the policy. ...more
In This Issue:
Judgments; Legislation; and Reports.
Excerpt from Reports:
23 February 2015 - Same-sex adoption a step closer with review of laws -
Same-sex adoption in Victoria is a step closer,...more
The law review article "The Massachusetts Uniform Trust Code: Context, Content and Critique," 96 Mass. L. Rev. 27 (2014), co-authored by Courtney J. Maloney and Charles E. Rounds, Jr., contains a detailed discussion of the...more
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
In separate actions yesterday, CMS and the New York State insurance regulatory authority took steps to (a) assure equal treatment of same-sex spouses by hospitals and (b) insurance coverage of medically necessary transgender...more
On Friday October 17, 2014, same sex marriages became legal in Arizona. What are the changes that Arizona employers and their HR professionals need to be aware of?
1. The definition of spouse in employee manuals and...more
Arizona law prohibits either spouse in a divorce proceeding from removing the other spouse from health insurance plans. This allows continuity of coverage during the proceeding, but once the divorce is finalized, it is...more
In an echo of the famed singer’s long-ago hit, Frankie Valli’s former wife may be crying, as she lost her bid to deny Frankie his community property interest in a life insurance policy. Imagine, paying the premiums on a...more
On April 3, 2014, the California Supreme Court heard oral arguments in the matter In re Marriage of Valli, S193990. The major legal question presented to the Court is whether a life insurance policy purchased with community...more
Is a quiet or silent trust illusory? The question is intentionally ambiguous. Is the question whether the trust itself is illusory, or just its quietness? A quiet or silent trust has been defined as “an irrevocable trust...more
On March 14, 2014, the Department of Health and Human Services (HHS) Centers for Medicare & Medicaid Services (CMS) released guidance clarifying the final regulations implementing Section 2702 of the Public Health Service Act...more
When one spouse qualifies for Medicaid to pay for a nursing home stay, the spouse who is at home is often left without many resources. While Medicaid has rules to prevent community spouses from impoverishment, the protections...more
The October § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 2.4%. This is up from September's 2.0% rate. The applicable federal rate ("AFR") for use with a sale to a defective...more
Health & Welfare Plans -
Health Care Reform: FAQ Part XVI Addresses Insurance Exchange Notice and 90-Day Waiting Period Requirement.
The Treasury, the Department of Labor and the Department of Health and Human...more
In the wake of the U.S. Supreme Court’s decision in U.S. v. Windsor and supplemental guidance in Revenue Ruling 2013-17, the Internal Revenue Service has issued Notice 2013-61, providing optional special administrative...more
A few weeks after the Internal Revenue Service (IRS) stated that it will apply a “place of celebration” rule in recognizing same-sex spouses for purposes of the Internal Revenue Code (including with respect to employee...more
Editor's Overview -
Health care issues make the headlines once again in this month's ERISA Litigation Newsletter. Tzvia Feiertag first provides practical and timely tips for insured ERISA health plan sponsors on...more
With this summer’s Supreme Court rulings on DOMA, the Defense of Marriage Act, and Prop. 8 allowing same-sex marriages to be recognized in states that allow them, private sector and public agency employers in California...more
Defense of Marriage Act -
IRS Issues Guidance Recognizing Same-Sex Marriage for Federal Tax Purposes:
In the wake of the U.S. Supreme Court’s decision in U.S. v. Windsor, which struck down the Defense of Marriage...more
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