News & Analysis as of

Equitable Distribution Marital Assets

Jaburg Wilk

Seven Myths about Getting Divorced in Arizona

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We often see family law clients who have misconceptions about divorces. These misconceptions impact their decision-making. We are going to debunk common myths about divorce in Arizona to provide clarity and empower...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

A House Divided-Who Keeps the House in a Divorce?

When you hear a couple is divorcing, one of the first questions people ask is “who is keeping the house?” Clients rarely ask the question that way. They more often ask, should I keep the house? Indeed, that is the better...more

Fox Rothschild LLP

My Ex Sold Our House for Huge Money. Why No Change in My Support?

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April Fools brought us a panel decision in Smedley v. Smedley (312 EDA 2023) which takes on the issue of whether home sales or other “one time” transactions are a basis to seek modification of child support or alimony awards....more

Obermayer Rebmann Maxwell & Hippel LLP

Yours, Mine or Ours? Gifts, Inheritance, and Divorce in Pennsylvania

During the divorce process, parties are tasked with determining how to equitably divide their marital property. Typically, “marital property” is defined as any property acquired between the date of marriage through the date...more

Fox Rothschild LLP

Divorce Lawyers Facing Their Own Navigation Issues as Social Security Veers Off Course.

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It’s an unfortunate week to make the comparison but it is an apt one for the very reason we saw as the tragedy in Baltimore unfolded early Tuesday morning. Then, a ship appears to have temporarily lost power and control,...more

Fox Rothschild LLP

Top 5 Facts about your Premarital Assets and Liabilities Under Pennsylvania Law

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Whether you are getting married or divorced, it is helpful to understand what will happen to the assets and liabilities that you have or had at the time of marriage. This is because assets and liabilities that you have...more

Fox Rothschild LLP

Pervasive Family Law Themes in Reality TV Part I

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I can lie and pretend to watch educational series, all law dramas, during my limited free time between work and two little kids, but I will be honest and tell you that reality TV runs on repeat between my husband’s sports (or...more

Fox Rothschild LLP

HOLD ‘EM OR FOLD ‘EM? Volatile Assets During Divorce

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The assets we write about are nice ones to own. Philadelphia is home to a significant research and technology investment community. Pittsburgh also hosts these kinds of businesses. They can create special problems in a...more

Fox Rothschild LLP

Appellate Division Holds that Newly Enacted Statute to Close the Black Hole Applies Retroactively

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Last week, I blogged about the new statute that closed the block hole that existed when a party who held most or all of the assets died during while a divorce was pending. Specifically, the new statute permits the court to...more

Fox Rothschild LLP

The Black Hole is Closed – New Law Permits Equitable Distribution When Party Dies While a Divorce is Pending

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What happens when a party dies in the middle of divorce? Under the law, the divorce action abates and the matter is over. In many cases, that is to the benefit of the surviving spouse because, in most cases, they would...more

Fox Rothschild LLP

Moving “Family” Money: An Irksome Question

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As my colleague Eric Solotoff of the New Jersey Family Law Blog noted in a recent post the 2024 Divorce Season officially launched on January 2 as many unhappy couples defer taking action until the holidays are over and folks...more

Jaburg Wilk

How Are Rental Real Estate Investments Handled In A Divorce?

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One of the most common assets that divorcing couples own is real property. In many cases, the real property is limited to the marital residence. However, some cases also involve either residential or commercial investment...more

Fox Rothschild LLP

Don’t Forget About Your Missing $1.65 Trillion in Retirement. The Government May Help.

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Just a few months ago we wrote about folks who have forgotten about retirement assets. Our article was based on experience. But now we have seen the data and it is staggering. The news comes about because the Biden...more

Fox Rothschild LLP

The 529 Plan Hangover; Disposing of Unused Funds.

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Modern day divorce brings us assets in many forms and many of them are “pregnant” with tax consequence when they are divided. In almost all cases, couples who can’t agree on much do tend to acknowledge that money they have...more

Lasher Holzapfel Sperry & Ebberson PLLC

Financial Documents to Gather for Your Divorce

Managing personal finances is stressful, and many people are glad to let their spouse take the lead on paying bills, filing taxes, managing investments and the like. However, when preparing for divorce, you should have a good...more

Fox Rothschild LLP

The Data Show that the Real Estate Market has “Tipped”

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The front page of yesterday’s Wall Street Journal (10/17) confirms what we have been “feeling” throughout 2023. The home buying frenzy that overheated markets in 1987 and 2007 has reached its pinnacle and moved on....more

Fox Rothschild LLP

Divorce Ambivalence Can Come at a Hefty Price

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When I first read the precedential ruling of the Pennsylvania Superior Court in Shell v. Shell, I really didn’t find it noteworthy enough to write about. This is a case where a spouse discovered that her husband was moving...more

Fox Rothschild LLP

Deferred Comp: The Iceberg Of Modern Income

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When this writer began his career in 1980, wages were pretty much the only form of employment compensation and life was easy. For regular wage earners, there was a bonus at years’ end. For executives, employers liked to see...more

Fox Rothschild LLP

The Chair that George Washington Sat On. How Personal Property Gums Up Your Divorce.

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When they aren’t killing each other in courtrooms, people who practice family law can be an affable and interesting crowd. Lawyers in this business clash all the time so it can be tough to maintain a grudge. After so many...more

Fox Rothschild LLP

Enforcing Equitable Distribution Orders During an Appeal

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Equitable distribution orders often direct the payment of money from one former spouse to the other. And normally money judgments are entirely enforceable during an appeal, unless the appellant gets a supersedeas bond. So...more

Obermayer Rebmann Maxwell & Hippel LLP

Uncovering Hidden Digital Assets in Divorce

One of the most important goals of a divorce is to identify, value, and divide marital assets. This can be challenging when dealing with digital currency since digital currency is easy to hide and hard to trace. ...more

Fox Rothschild LLP

Can Divorce & Retirement Be Compatible?

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The demographics of family life have changed a lot in recent decades. Young people are marrying less and later in life when they do. The number of young people interested in having kids is in decline. And older folks are...more

Fox Rothschild LLP

Equitable Distribution Of The Fattening Calf

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In olden days, which is to say about 20 years ago, divorce clients would see their lawyers and discuss the family business as just that, the family business. It could have been an insurance company or a funeral home or a...more

Ward and Smith, P.A.

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

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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

Obermayer Rebmann Maxwell & Hippel LLP

Equitable - WHAT? Dividing Marital Property in Pennsylvania

While many industries may enjoy a quiet entrance into 2023, family law attorneys gear up for what is commonly known as  “busy season” as people decide to embrace the “New Year, New Me” and contemplate what was once...more

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