News & Analysis as of

Treasury and the IRS Issue Proposed Regulations Implementing Supreme Court Same-Sex Marriage Ruling

In recent guidance, the Department of Treasury and the IRS issued proposed rules that clarify under the Internal Revenue Code (Code) that the terms “spouse” and “husband” and “wife” refer to individuals who are lawfully...more

Marriage of Davis: A Shared Roof = Shared (Community) Property

During the recession, we occasionally heard of couples who were divorcing, but still cohabitating. For economic reasons, neither spouse moved out of the house – they continued to share or divide financial responsibilities as...more

Performance Reviews For Marriages: What Could Go Wrong?

Marriage therapists are now advocating the use of “performance reviews” by spouses, according to an article in Monday’s Wall Street Journal. “By taking time to regularly evaluate and review their relationship together,”...more

Civil Unions in NJ – What you Need to Know.

Same-sex couples now have the right to marry, and neither the federal nor any state government can deny anyone that right. On June 26, 2013 – a watershed moment in the history of the law and our nation – the U.S. Supreme...more

Shared Parenting – It’s Never Too Late to Get It Right

Shared parenting can be a very difficult road to navigate. Being a stepparent is oftentimes touted as a thankless role, where love must adhere to boundaries set by others. Blended families are often fraught with many...more

When The Wealthy Divorce, They Regularly Engage Forensic Accountants

Forbes Magazine published an article on “When The Wealthy Divorce, They Regularly Engage Forensic Accountants” this week. Couples with a large amount wealth and substantial assets to be divided do often require the services...more

Africa Update - September 2015 #4

Leading the News - Burkina Faso: On September 17th, U.S. National Security Advisor Susan Rice condemned the unconstitutional seizure of power by elements of the Presidential Security Regiment in Burkina Faso and...more

Ashley Madison data breach update

Anonymous users of the almost 40 million users of the Ashley Madison website have filed suit against internet service providers (ISPs) GoDaddy and Amazon alleging that they have been damaged because the ISPs hosted the stolen...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

When a Billion Dollars is Not Enough | Divorce Lawyer

Even as a divorce lawyer it is shocking to hear that when Sue Ann Arnall recently received and cashed a $975 million dollar check from her soon to be ex-husband, oil magnate Harold Hamm, that she now claims the check was not...more

Cheaters, Divorce & Social Media

Files Leaked – Cheating Spouses Exposed - Target, Staples, and Home Depot customer’s credit card information was hacked into this past year. Recently the website that caters to spouses seeking to be unfaithful to their...more

Employment is short. Don’t have an affair

Imagine a guy, a married guy, more specifically an unhappily married guy, and even more specifically an unhappily married guy lacking a moral compass. The guy creates a discrete (ha!) profile on, a dating...more

Legal Precedent May Come From Ashley Madison Breach

The Ashley Madison saga has captured the attention of the public and legal profession like few prior data security breaches. The reasons are obvious: A website devoted to promoting infidelity is called out for “fraud, deceit,...more

T&E Litigation Newsletter- 9/3/15

Massachusetts courts have issued decisions on several topics of interest, including whether a revocable spendthrift trust may properly be included in a marital estate, what happens to assets left to a named beneficiary who...more

Is Ashley Madison abusing the Digital Millennium Copyright Act in the Wake of Hack?

In July, a group of hackers identifying themselves as the Impact Team took over the computer systems of Avid Life Media (“ALM”), the parent company of the adultery-oriented website Ashley Madison, threatening to release the...more

Ashley Madison, meet the kids: infidelity and divorce

The recent Ashley Madison breach exposed millions of users who’d signed up to the site, believing they were doing so with full anonymity. Social media and news outlets helped fuel a storm that will not soon be forgotten. In...more

Ashley Madison Fallout: Class Actions, Pentagon investigation and easily searchable data

We previously reported that hackers The Impact Team had posted legitimate detailed information about 36 million adultery website Ashley Madison users. In the wake of the shocking posting of the data last week, two class...more

RLUIPA Round-up

Unfortunately it’s time to say goodbye to the last true week of summer. But RLUIPA Defense is happy to say hello to fall with another edition of the Round-Up! - According to the San Francisco Chronicle, despite an...more

Domestic Partnership Agreements: FAQs

How do domestic partnership agreements (DPAs) and prenuptial or premarital agreements differ? Marriage contracts between two people who plan to marry are prenuptial agreements or antenuptial agreements. Marriage...more

Legal Insights on the Ashley Madison Hack: Part II

As more names emerge from the dark web data dump of Ashley Madison customers, lawyers around the globe have found a very willing group of would-be plaintiffs. Interestingly, all of these plaintiffs are named “Doe,” which must...more

The Ashley Madison Hack — Will It Cause Couples To Divorce?

Everyone is speculating that the Ashley Madison hack will mean an increase in business for divorce lawyers. This remains to be seen. However, the real question is what happens if your name appears on the list of users? And...more

Legal Insights on the Ashley Madison Hack: Part I

Internet commenters and legal analysts alike are buzzing about the Ashley Madison hack. The website -- which billed itself as a networking site for anyone who wanted to discretely arrange an extramarital affair -- has already...more

Ashley Madison’s Impact on New Jersey Divorce

Names, email addresses, credit card information, billing addresses and more for over 36,000,000 registered users have been released on the internet by the Ashley Madison Hackers. While many of the registered accounts may...more

Divorce Lawyer Marriage Tips

Family law attorney Stacy Rocheleau with RIGHT Lawyers has written a guest blog post for my clients on how to stay married. Thanks, Stacy for the great advice...more

Domestic Partnership Agreements: Survivor’s Rights on Death

This is the fifth installment of a seven-part series. Florida law provides for various death benefits if a married person predeceases his or her spouse and they have no premarital or postnuptial agreement. For unmarried...more

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