News & Analysis as of

Divorce Family Businesses

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
Conn Kavanaugh

Massachusetts Appeals Court Sheds Light on Double-Dipping in Trethewey v. Trethewey Divorce Settlement

Conn Kavanaugh on

While it is standard practice that an asset will be valued and divided in a divorce, what happens when the same asset that was divided between spouses is also used to generate income for support? In such divorce cases, a...more

Fox Rothschild LLP

Games People Play: Before Hiring the Forensic Accountant

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If you are involved in a case where your spouse owns an interest in a small business, one of the issues you and your lawyer will grapple with is whether the books and records of that business adequately portray its revenue...more

Obermayer Rebmann Maxwell & Hippel LLP

Prenuptial Agreement Series (Part 1): Do I Need a Prenup?

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

Fox Rothschild LLP

Do Your Own Forensic Analysis of Your Business Before Your Spouse Does!

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You own a business or at least a chunk of one. Things are not good at home and they are headed into a “separate” direction. Chances are your business was acquired during the marriage or increased in value during your...more

Warner Norcross + Judd

[Webinar] Family Business Succession – The Good, the Bad and the Lessons Learned - May 23rd, 12:00 pm - 1:00 pm ET

Join Warner Norcross + Judd LLP attorneys Charles Ash, Matt Johnson and Laura Morris for a webinar discussion on family business succession and the challenges and opportunities to a successful transition. In this webinar, we...more

Ward and Smith, P.A.

Marriage, Divorce & The Family Business: Is What Is Mine Really Yours Too?

Ward and Smith, P.A. on

North Carolina's equitable distribution laws provide the framework for determining how property will be valued and divided when one or both partners in a marriage decide to separate. Before doing a deeper dive into how...more

Fox Rothschild LLP

Top 10 Posts of 2022

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The end of the year is the time for holiday merriment and top 10 lists. As a kid, I used to love to listen to Casey Kasem’s countdown of the top songs of the year. So I decided to do a top 10 list related to posts on this...more

Fox Rothschild LLP

Divorce Litigation “Outside the Box”

Fox Rothschild LLP on

One of the many frustrations of practicing family law is that there is rarely, if ever, a decisive victory. Divorce is about doing “equity” and that rarely means a result where the Court finds that one side “wins” and the...more

Fox Rothschild LLP

Are You Living in the “Shadow” of Wealth?

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In recent years there has been an evolving literature devoted to income and wealth disparities between the “top tier” of Americans and what is often termed “the rest of us.” The data seem fairly clear. Whether this disparity...more

Fox Rothschild LLP

Responding To The Divorce Where One Spouse Is Ready To “Burn Down The (Financial) House.”

Fox Rothschild LLP on

Extreme times produce irrational responses. A day ago, an unhappy orthopedic patient in Oklahoma decided it was time to kill his surgeon. He took three other lives as well as these people got “in his way.”...more

Gray Reed

Texas Community Property Law and How to Plan Around it

Gray Reed on

Jack Bux and his high school sweetheart, Diane, have been married a few years, but the pandemic has taken its toll on their relationship, and they could soon be parting ways....more

Troutman Pepper

Digital Planning Podcast: Digital Assets in Divorce, Prenuptial and Postnuptial Agreements, Families and Minors

Troutman Pepper on

The Digital Planning Podcast is designed to educate individuals about all things digital in connection with estate planning, business planning and estate administration. Your hosts, Jennifer Zegel, Ross Bruch and Justin...more

McDermott Will & Emery

[Event] 2019 Private Client West Coast Forum – November 8th, Palo Alto, CA

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Please join us this November for McDermott Will & Emery’s Private Client West Coast Forum. At this complimentary program, experienced McDermott partners will lead discussions on a broad range of topics pertinent to ultra-high...more

McDermott Will & Emery

[Event] 2019 Private Client West Coast Forum – November 7th, San Francisco, CA

McDermott Will & Emery on

Please join us this November for McDermott Will & Emery’s Private Client West Coast Forum. At this complimentary program, experienced McDermott partners will lead discussions on a broad range of topics pertinent to ultra-high...more

McDermott Will & Emery

[Event] 2019 Private Client West Coast Forum – November 6th, Los Angeles, CA

McDermott Will & Emery on

Please join us this November for McDermott Will & Emery’s Private Client West Coast Forum. At this complimentary program, experienced McDermott partners will lead discussions on a broad range of topics pertinent to ultra-high...more

Jaburg Wilk

Getting Divorced? Don’t Forget to Update your Estate Plan

Jaburg Wilk on

Why do estate planning documents need to be updated when a couple is getting divorced? This simple story illustrates one of the key reasons. An Arizona couple had been married for several years and during their marriage had...more

Gray Reed

Family Matters: Can a Family Business Succeed Without a Contingency Plan for Divorce?

Gray Reed on

Realizing last month that, at age 65 he’s ready to think about his family business succession plan – especially for Buxboro State Bank, Big Daddy Ernest Bux identified his checklist: Plan for Contingencies, Establish Goals,...more

McAfee & Taft

Gavel to Gavel: Marriage, the sole cause of divorce

McAfee & Taft on

Spring brings weddings. Cue delightful melodies as couples waltz toward union. Most engaged couples, however, focus on selection of dresses, tuxes or cake, and ignore that marriage imposes statutory and constitutional...more

Farrell Fritz, P.C.

Shareholder Oppression Requires More Than Denial of Access to Company Information

Farrell Fritz, P.C. on

The family-owned business at the center of Vaccari v Vaccari, 2018 NY Slip Op 30546(U) [Sup Ct NY County Mar. 28, 2018], decided last month by veteran Manhattan Commercial Division Justice Eileen Bransten, is a classic...more

Ruder Ware

Using Prenuptial Agreements to Protect the Family Farm

Ruder Ware on

The family farm is a special asset. The family may have worked hard through decades, maybe even generations, to accumulate and develop the farm’s land, equipment and livestock. The children may be grown and successors to...more

Lowndes

Estate Planning & Family Law: How To Protect Your Assets For Future Generations

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Norma Stanley and Derren Ciaglia explain the similarities of estate planning and family law, and give some examples of how to protect your assets in complicated planning matters....more

Adler Pollock & Sheehan P.C.

Premarital planning - Protecting your assets without a prenup

Protecting family assets in the event of a divorce is particularly significant for family business owners, who typically want to avoid sharing ownership with their ex-spouses or their children’s ex-spouses. A prenuptial...more

Ervin Cohen & Jessup LLP

Selling the Business to Divide the Assets, Part 2

This is Part 2 of my discussion of a third alternative for answering the question: When a closely-held business is a valuable marital asset, how can its value be turned into cash? Part 1 discussed the main pros and cons of...more

Pullman & Comley, LLC

Bankruptcy Beat: A Post-Divorce Judgment Stipulation That Modifies Obligations to a Former Spouse Does Not Likewise Modify The...

Pullman & Comley, LLC on

On March 3, 2015, the Honorable Albert S. Dabrowski issued a decision in Swiatowiec v. Swiatowiec (In re Swiatowiec), Adv. Pro. No. 11-2074, concerning the issue of whether obligations to a former spouse incurred in the...more

Ervin Cohen & Jessup LLP

Financing the Business Buyout – Part II (Investors)

Last month, Part I on this topic discussed the problem facing a Remaining Spouse when the Departing Spouse rejects a buyout offer of a modest down payment and a long installment note: How to raise sufficient cash to avoid a...more

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