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

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

Tax Issues When Dividing Marital Property Pursuant to a Divorce: Part 2

This week my very smart colleague Jen Green is back with Part 2 in her series of important tax issues that need to be considered when dividing marital property during a divorce. ...more

Tax Issues When Dividing Marital Property Pursuant to a Divorce: Part 1

I’ve written before about the emotional roller coaster that can come along when it’s time to divide assets during the divorce process. Today my colleague Jen Green offers the first of several tax rules – and their...more

Life Insurance After Divorce

During marriage, a very typical scenario is for spouses to name each other as the beneficiary to each person’s individual life insurance policy. Once a divorce is commenced, a beneficiary designation cannot be changed until...more

Why Arizona Business Owners Need A Premarital Agreement

Arizona is a community property state which means all property acquired by either spouse during the marriage is, by statute, presumed to be community property. ...more

Tips to an Expensive Divorce

Wikipedia defines reverse psychology as “a technique involving the advocacy of a belief or behavior that is opposite to the one desired, with the expectation that this approach will encourage the subject of the persuasion to...more

Arizona Bankruptcy or Divorce – Which Comes First?

The number one stress factor cited in a majority of marriages is money. So it should come as no surprise that many divorces are either preceded by a bankruptcy or that one follows soon thereafter....more

Use Of A Jointly Engaged Valuation Expert In A Divorce; How to Make the Process Work

In recent years it has become more common for divorcing spouses to agree to jointly engage one expert to value the marital interest in a business or professional practice. ...more

Tips to Protect Your Privacy When Separating – Part 1

For most folks the decision to separate is hard, and the reality of what separation means can be harder. One of the most important aspects of separating is privacy. Whether you stay in the marital home or get your own new...more

A Tale of Caution: Know Your Intellectual Property Rights

On 17 May, Mrs Justice Asplin delivered a judgment in the Chancery Division of the High Court of Justice. The dispute concerned intellectual property rights in hedge fund computer software that was the "cornerstone of the...more

And That's What Civility Is For

Whatever the reason, ending a marriage may be a very painful process. The spouse was unfaithful, suffered from addiction, or was abusive to your client or the children. While in California we do not assign “fault” during ...more

What Exactly Is Community Property Law In Arizona And Why Does It Matter?

Arizona is a community property state and community property law controls the division of all assets of your marital estate....more

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