Divorce Marital Assets

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.
News & Analysis as of

Family Law Newsletter - April 2015

In This Issue: - Divorce and Your Business, Part I: Plan B - Family Law Attorney and Counsellor at Law - Excerpt from Family Law Attorney and Counsellor at Law: In a recent custody proceeding, my co-counsel...more

Selling the Business to Divide the Assets, Part 1

This is the latest in my series discussing a recurring question: When a closely-held business is a valuable marital asset, how can its value be turned into cash? I’ve previously touched on two alternatives by which the spouse...more

Superior Court Opens Divorce Matter That Concluded in 2005

In the Pennsylvania Superior Court case Kozel v. Kozel, a trial court's decision to re-open a divorce matter that originally concluded in 2005 was upheld. The trial court opened the divorce matter based on the theory of...more

High Asset Divorces: Several Lessons

I’m a divorce lawyer. Upon hearing this, most people offer condolences. In response, what I tell them is I offer people compassion as they experience one of the most devastating events that may befall a family. It doesn’t...more

When Should You Turn Down a Billion Dollars?

Oil tycoon Harold Hamm and his now ex-wife, Sue Ann Arnall – whose divorce we have written about before – were involved in one of the largest and nastiest divorces in US history. Just last week, Mr. Hamm sent Ms. Arnall a...more

Playing Hide and Seek with Marital Assets

Hiding assets during a divorce is sneaky, unethical and illegal – but, unfortunately, it happens. Hiding assets can be easy to do, especially if one of the parties handles the finances and the other spouse is unaware,...more

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

Hide and Seek – Tracking Down Hidden Assets in Divorce Cases

Divorce is never an easy time for anyone involved. The end of any relationship carries an excessive amount of emotional weight, but divorce brings with it all the stresses and conflicts that accompany a financial decoupling...more

Frequently Forgotten Divorce Asset: Loss Carry-Forwards

Loss carry-forward is a frequently forgotten asset in divorces. Whether the loss arises from the operation of a business (Net Operating Loss) or sale of stocks (capital loss), it is a valuable asset which may be used to...more

How Does Debt Work in a Divorce?

Divorce includes the division of assets and debts. Frequently, it is easier to divide assets than to divide debts. Both credit (including store) cards and mortgages present unique problems when divorcing....more

Financing the Business Buyout – Part I (Lenders)

My first article in this series addressed this question: When the closely-held business is a substantial marital asset, what are the three main choices for turning the Departing Spouse’s interest into cash payments? My next...more

Installment Terms for the Business Buyout in a Divorce

For many divorcing couples, a closely-held business is the most valuable marital asset. In most cases, it is likely that only one spouse will remain with the business, raising this key issue: How can the interest of the...more

Divorce – Impacting Your Meddlin Hands Partners!

To the other four minority owners who enjoyed the meteoric rise of Meddlin Hands Cleaning Products, when Lucy Knott sued their majority partner Tigh A. Knott for divorce, the divorce was anything but routine. Lucy wants half...more

Insight on Estate Planning - August/September 2014

In This Issue: - Unintended consequences: After divorce, review your estate plan to avoid surprises - Protecting your real estate assets - How will the GST tax affect your estate plan? - Estate...more

QDROs For Unmarried Cohabitants?

Sponsors of qualified retirement plans know that, generally speaking, plan benefits cannot be taken from a participant through legal process or otherwise be assigned to anyone other than the participant. There is an exception...more

Family Law Newsletter - May 2014

In This Issue: - Marriage, Divorce & Your Business - New Child Support Guidelines Under Virginia Code Section 20 108.2: What Do They Mean for You? - Moving Out of the Marital Home - Should You Stay or...more

My Husband Wants A Divorce - Can I keep My Wedding Ring?

In Pennsylvania, gifts between a husband and wife are marital property. This is the case regardless of whether the gift was jewelry or other personal property given on an occasion such as a birthday or anniversary....more

Monthly Disability Payments Not Considered Marital Property

In 2011, the Pennsylvania Supreme Court decided the case of Focht v. Focht, 32 A.3d 668 (Pa. 2011), which resolved prior conflicting case law on the issue of whether an award or settlement proceeds from a personal injury...more

Divorces, Community Property and Patents — the Problem of the Ex-Spouse

Many universities have standard patent assignment agreements that assign inventions of a university employee to the university. But what if the inventor is married? Or, what if the inventor marries during his or her...more

Divorce: Finding Offshore Assets

One of the more important issues in a divorce proceeding is identifying and dividing community and separate property. The task of asset identification and location may have been made both easier and more complex at the same...more

A Diamond May Be Forever, But What Happens to it When There is a Divorce?

On October 21, 2013 news spread around the Bay Area when Kanye West rented out AT&T Park and proposed to girlfriend, Kim Kardashian, with a 15-carat sparkler. The ring was a flawless emerald cut diamond designed by Lorraine...more

Don’t Love Anything That Can’t Love You Back

Divorce is emotionally and financially complicated, but when the emotions and finances start influencing each other, this is a recipe for emotional and financial disaster....more

Do I have to Disclose Everything to the Other Party and/or the Court?

Under current Arizona law, you must make full disclosure to the other party and the Court. The Arizona Rules of Family Law Procedure require that everything which may have an impact on the outcome of the case be disclosed -...more

Emergency Points if a Divorce is Impending: Financial Accounts and Personal Property

When you are contemplating a separation from your spouse, it is important to consider whether or not actions need to be taken to prevent dissipation of assets by your spouse prior to a final resolution of your case. You...more

Marriage, Divorce and Your Business

If you own a business, or any asset for that matter, and you intend to marry or divorce, you need to read this. Virginia is not a community property state. But it is an equitable distribution state. What does that...more

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