News & Analysis as of

Marital Assets Divorce

Supreme Court Decides Howell v. Howell

by Faegre Baker Daniels on

On May 15, 2017, the U.S. Supreme Court decided Howell v. Howell, No. 15-1031, holding that where a veteran waives retirement pay to receive service-related disability benefits, federal law preempts state courts from ordering...more

Is My Beloved Pet Just an Asset to be Divided?

Our dogs and cats are part of our family, right? They do not just represent property to be divided, right? Actually, in North Carolina, pets are considered property and as such our courts will divide your pets in the same...more

Waiver Of Year’s Support Through Post-Nuptial Agreement

by Bryan Cave on

Divorce should put an early end to the marriage vow of “’til death does us part.” But, when it comes to estate disputes, neither divorce nor death can part the path to the courthouse. ...more

Episode 9: Optimizing Value in a Marital Business Divorce: Interview with Ladd Hirsch [Audio]

by Farrell Fritz, P.C. on

A business divorce within a marital divorce presents challenges that tax the skills of even the most experienced business lawyers. Dallas attorney Ladd Hirsch, a litigation partner at Diamond McCarthy LLP, has developed a...more

How To Protect Yourself Before A Divorce

by Cozen O'Connor on

As a divorce lawyer, I have met with countless clients who claim they were blindsided by a divorce. While they may have seen signs that something was wrong in the marriage, they chose to ignore them hoping that things would...more

Tactics For Managing Marital Finances

by McManis Faulkner on

During a dissolution of marriage, financial management is essential to avoiding court imposed sanctions. Parties to a dissolution are required to preserve assets until the court has determined respective interests. At times...more

Separate Property and Arizona Marital Community Equitable Lien Rights

by Jaburg Wilk on

In Weeks v Weeks, Division One of the Arizona Court of Appeals addressed the marital community’s equitable lien against separate property of one spouse. The opinion is a memorandum decision and it is therefore not...more

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction

by Carlton Fields on

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,...more

House Held In Trust Lost Marital Asset Status

by Bryan Cave on

In the afterglow of a wedding, the spouses probably don’t immediately start thinking how the bliss they feel may end spectacularly and expensively. Chances are they may even start estate planning, thinking how they can...more

T&E Litigation Newsletter - December 2016

by Goulston & Storrs PC on

The last several weeks have brought us two decisions in which issues of family law intersected with T&E issues. First, the decision in Heystek v. Duncan, Case No. 15-P-1201, 2016 Mass. App. Unpub. LEXIS 1113 (Nov. 21,...more

Property Tax Assessor Presumed Too Much

by Ervin Cohen & Jessup LLP on

Even though property acquired during marriage is presumed to be community property, for property tax change in ownership purposes the Los Angeles County Property Tax Assessor’s Office believes otherwise. Fortunately, the...more

4 Ways DIY Divorces Can Lead to Disaster

by McNees Wallace & Nurick LLC on

The number of websites offering “do-it-yourself” divorces has exploded in recent years, with many sites advertising services for less than $200. While these sites may be useful for informational purposes, relying solely on...more

For Love or Money: Considering Prenuptial Agreements

The question of prenuptial agreements comes up often in multi-generational family- owned businesses. The question is typically raised by mom or dad, or maybe grandmother or grandfather, and goes something like: “We’re all...more

Spouses Need to Exercise Care in Transferring Property between Them When Subject to a Marital Agreement [Florida]

by Charles (Chuck) Rubin on

Many prenuptial and postnuptial agreements provide for a class of property known as Separate Property. Such Separate Property will often not be subject to claim by or transfer to the non-owning spouse upon death or divorce....more

What Can Your Spouse Reach In A Divorce?

by Bryan Cave on

In the recent decision, Pfannenstiehl v. Pfannenstiehl, the Massachusetts Judicial Supreme Court overruled the appeals court decision and concluded that assets held in a discretionary trust created by a third party, where the...more

Spouse’s Trust Interest Shielded from Division in Divorce

by Burns & Levinson LLP on

Hi there, I continue to be amazed by the distinguished group of divorce and probate lawyers I have the privilege to work with at Burns & Levinson. Today’s decision on Pfannenstiehl v. Pfannenstiehl, a case which will...more

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

by Cozen O'Connor on

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)

by Ervin Cohen & Jessup LLP on

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)

by Ervin Cohen & Jessup LLP on

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

Estate Planning During Divorce (Part 1) [Video]

by Murtha Cullina on

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

by Burns & Levinson LLP on

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

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

by Miles & Stockbridge P.C. on

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

Truths and Myths About Divorce Mediation

by Cozen O'Connor on

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

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