Marital Assets

News & Analysis as of

Jurisdiction Over Out-Of-State Property In A Multi-State Divorce

In our increasingly mobile society, it is not uncommon for couples to relocate numerous times throughout their marriage and acquire property and assets in different states. When a divorce dissolves the marriage and forces a...more

Buy-Sell Agreements in a Divorce (Part 2)

My last article discussed a typical provision found in shareholders agreements (for corporations) or operating agreements (for limited liability companies) giving the other owners a right to step in and buy any shares or...more

How Much is a Fifteen Month Marriage Worth? (Depp and Heard Divorce)

It appears Johnny Depp’s marriage to actress, Amber Heard, will soon end in divorce. Heard recently filed for divorce, citing “irreconcilable differences,” a mere fifteen months after she exchanged wedding vows with Depp....more

Buy-Sell Agreements in a Divorce (Part 1)

My prior articles have discussed how to monetize one spouse’s equity interest in a privately held company that has no other owners. However, many businesses are started by two or three partners contributing their ideas,...more

Community Property in Arizona

As a family law attorney in both Arizona and California, I am often asked about community property. When does your ex-spouse stop having a claim to your property and earnings? The answer depends upon the state in which your...more

Estate Planning During Divorce (Part 1) [Video]

The term divorce provokes a number of commonly known thoughts and reactions (i.e. a division of assets, a new - residence, a custody agreement concerning children, and so on). Less obvious is the effect that a divorce may...more

Massachusetts High Court to Determine Whether a Spouse’s Trust Interest Can Be Reached in Divorce

On April 5, 2016, the collective eyes of Massachusetts divorce attorneys and estate planners were fixed on the Supreme Judicial Court, where the highly-anticipated oral arguments on “further appellate review” of Pfannenstiehl...more

The High Net Worth Divorce : Financial Advisors, Hedge Fund Managers, Business Owners, Corporate Officers and More

Stockbrokers, financial advisors, hedge fund managers and other high net worth individuals (along with their spouses) going through a divorce often face non-routine issues due to the unique nature of their compensation...more

You are not alone: The importance of assembling a team of divorce professionals to guide you through your divorce

Ending a marriage is never an easy process. It most likely will be emotionally draining, financially difficult and extremely stressful. It is important to know that you are not alone and there are countless professionals who...more

Protect Yourself by Learning About Your Family’s Finances

All too often, clients enter the divorce process with little or no knowledge about the family’s bank and investment accounts, stocks, retirement assets, ownership of real property, and debt. If you recognize that you and your...more

Gray Divorce | Mesa Divorce Attorney

Older Couples ending their marriage in divorce! As a long time and experienced divorce attorney I have seen that the rates of divorcing couples over the age of 50 has nearly doubled in the last 10 years....more

Truths and Myths About Divorce Mediation

When clients visit my office for an initial consultation about their impending divorce, they invariably ask about the benefits and pitfalls of mediation. Over the last several years, the use of alternate dispute resolution...more

What to Do About Property Left Out of the Divorce Agreement

The parties thought they had covered everything (or maybe one party was being sneaky), but it turns out that some property was left out of the divorce proceedings and thus never made it into the judgment. Here’s how to deal...more

Forcing the Sale of a Marital Home Post-Divorce

Married spouses often jointly own a home secured by a mortgage in both parties’ names. Divorcing spouses often agree or are court-ordered to divide their joint ownership interests in their marital home and their joint...more

Issues in Gray Divorces

The divorce rate in the United States has been dropping during the past 20 years. However, divorce among spouses over 50 years old has doubled since 1990! The surge has spawned the term “gray divorce” for these older...more

Client Alert on Constitutional Court of Azerbaijan rules on issues related to mortgaging marital property

On 15 July 2015 the Constitutional Court of Azerbaijan issued a ruling in the case of Mammadova et al. vs. Bank Technique, a case where the claimants requested the court to partially invalidate a mortgage agreement over...more

Florida Supreme Court Gives Expansive Protection to Husband’s Separate Property under a Prenuptial Agreement

A divorcing wife asserted that because a 20 year old prenuptial agreement made no specific reference to enhancement in value of nonmarital property attributable to marital labor or funds, the enhancement in value to the...more

Business and Professional Practice Valuation in Divorce

The valuation of a business or professional practice in a divorce proceeding requires the resolution of unique issues. Among the most significant of these issues are the valuation date and the standard of value to be...more

How Does Ashley Madison Membership Effect PA Divorces?

Ashley-Madison is a controversial online dating/social networking service, based in Canada, which markets to married individuals or those in a committed relationship. Its slogan is “Life is short. Have an affair.” The site,...more

How to File for Divorce?

Steps to make the divorce process as painless as possible: 1. Speak with an Attorney First. Going through a divorce is not simply a legal matter. More often than not, there are complicated legal issues involved which are...more

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

Insight on Estate Planning - August/September 2015

In This Issue: - Premarital planning: Protecting your assets without a prenup - The ABLE account: A good alternative to a special needs trust? - Make net gifts to reduce your gift tax rate - Estate Planning...more

U.S. Supreme Court Holds Same-Sex Marriage To Be a Fundamental Right

The United States Supreme Court issued its opinion in Obergefell v. Hodges, 576 U.S. ___ (2015) on June 26, 2015. In a 5-4 decision, the Supreme Court held that the Fourteenth Amendment requires a State to license a marriage...more

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

Appellate Court Notes

- AC35807 - Llera v. Commissioner of Correction [Not summarized.] - AC36240 - Customers Bank v. Tomonto Industries, LLC Plaintiff bank acquired the assets of a defunct bank from the FDIC, including the $3...more

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