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Now that Valentine’s Day is past and Spring is almost upon us, many couples are starting to plan or are in the midst of preparation for their upcoming nuptials. While the focus is usually on the event itself, couples often...more
My colleague Jessica Kitain wrote last month (2/14) about the basics of what goes into a premarital/prenuptial agreement. Today we fielded an inquiry about some of the stickier questions that often go unnoticed yet merit some...more
A prenuptial agreement, or “prenup”, is a contract or agreement between prospective spouses made in contemplation and advance of marriage. A common misconception is that prenups are only needed if you are a celebrity or have...more
Most people are aware of the statistic that 50% of marriages end in divorce, and the statistics for divorces in second marriages are even higher with a rate of 70%. Often with second marriages, couples will have to address...more
A prenuptial agreement is one of the most difficult issues to discuss with your intended spouse while you’re in the thick of sending out wedding invitations, tasting cake, and deciding on a venue for the ceremony. A...more
Once again, the Appeals Court tells us that a prenuptial agreement that strips a party of all marital interests is unconscionable and will not be enforced. On March 30, 2023, the Appeals Court issued its decision in Rudnick...more
A Divorce Lawyer’s Holiday Engagement “Wish List”- Next week will mark this writer’s 42 year of admission to the Pennsylvania Bar. For forty of those years, I practiced domestic relations law. In olden times (circa...more
Stock options granted to a party during a marriage are considered marital assets subject to property division upon divorce, even if the options vest after the parties are divorced. However, whether stock options that are...more
More and more couples are electing to sign prenuptial agreements before their big wedding day, yet some can’t agree, don’t want to, or don’t have time to do one beforehand. After all, some people continue to believe that...more
It depends on what was put into writing – or not! On January 10, 2022, the Massachusetts Supreme Judicial Court (SJC) ruled that where a former husband failed to change the beneficiary designation on his life insurance...more
I saw an article this morning about people who brought their digital platform to prepare prenups to the show Shark Tank. I haven’t viewed their site and have no idea whether it is good or bad. But haven’t we all heard tales...more
Celebrity divorces are always a fascinating topic. Over the last year, you may have seen news reports concerning Kelly Clarkson’s divorce from her husband that discuss the couple’s purported prenuptial agreement. ...more
In light of all the negative new stories in 2020 and the statistics about the rise in divorce rates, it does not hurt to point out that there is a plus side to the pandemic: more requests for premarital agreements means more...more
Most are familiar with prenuptial agreements, which are sometimes referred to as antenuptial or premarital agreements. Prenuptial or premarital agreements are documents signed before parties get married. Prenuptial...more
With wedding season just around the corner, here is a primer on what a pre-nuptial agreement can and cannot do for you...more
Everyone knows about the income and estate tax changes included as part of the Tax Cuts and Jobs Act of 2017 (the “Act”), but there are several overlooked provisions that may significantly affect taxation in a divorce. Some...more
The Tax Cuts and Jobs Act of 2017 (“TCJA”) did away with the long-standing provision allowing for deductions of alimony payments by the payor. Specifically, the TCJA adopted the prior definition of “alimony and separate...more
Everyone wants to save money, and no one wants to "lawyer up" right before a wedding. It's tempting for lay people to download contracts, including pre-nuptial agreements, from the Internet, either from free services or from...more
When contemplating marriage and estate planning, frequently, individuals will enter into prenuptial (premarital) agreements to address their rights and obligations during the marriage and in the event of a divorce or death. A...more