News & Analysis as of

Marriage

Return to Windsor: A Novel Tax Code Correction

by Lewitt Hackman on

Here’s the next chapter in the saga known as Edith Schlain Windsor v. The United States of America. (For a quick recap, please read Tax & Estate Planning – Small Win for Same Sex Couples?). Two representatives of the state...more

Ashley Madison Settles Data Breach Case for $11.2M

Ashley Madison, which suffered a data breach in 2015 involving the loss of 37 million users’ personal and financial information, has settled the suit for $11.2 million....more

Estate Planning and Prenuptial Agreements: Tax Implications of Alimony

by McNair Law Firm, P.A. on

When contemplating marriage and estate planning, frequently, individuals will enter into prenuptial (premarital) agreements to address their rights and obligations during the marriage and in the event of a divorce or death. A...more

How Does Remarriage Impact Wills and Inheritances?

Divorce and remarriage are common in the United States, and most legal professionals place these issues squarely within the family law realm. However, people who remarry should also carefully revisit their estate plan...more

Spouse Swapping Not Cool for Police Officers, Says the Fifth Circuit

Just how much can you regulate a public employee’s off-duty conduct? In an interesting and rather frank opinion, the Fifth Circuit found a sheriff’s department could regulate deputies’ private conduct pretty broadly. In...more

Filing Your Own Return

by Moskowitz LLP on

In our last post, we reviewed the main advantages and disadvantages of joint tax returns for married couples. This post will focus on when a married couple should consider filing separately, and special considerations if they...more

Court Held That Submission Of Jury Question On Fiduciary Duty Was Harmless Due To Duplication Of Damages

by Winstead PC on

In Hughes v. Hughes, a husband and wife sued each other for various claims, including breach of fiduciary duty. No. 13-15-00496-CV, 2017 Tex. App. LEXIS 3489 (Tex. App.—Corpus Christi April 20, 2017, no pet. history)....more

Accidental Disinheritance: Update Wills, Estate Plans Annually

by Lewitt Hackman on

So you have an estate plan? Good for you. You funded it? Even better. But have you updated it and your will in the last year? If you haven’t, your loved ones or favorite charities may be in for an unpleasant surprise. Your...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

Alert: Never "Got Around" to Signing Your Pre-Nup? It May Not Be Too Late!

by Pullman & Comley, LLC on

Many couples consider (or should consider) signing a prenuptial agreement before they are married, but avoid raising the issue or resist the idea. They may fear a negative reaction by their intended, or the couple is “so in...more

Give Me the Ring Back! Written Promises Around Engagements

by Gray Reed & McGraw on

On Valentine’s Day, Zack takes Kelly, his high school sweetheart who goes to a different college, to the Max for a romantic dinner. At the end of the meal Zack says, “Kelly, I want us to promise each other that after college...more

Lessons to be Learned From the Power of Attorney

by Farrell Fritz, P.C. on

Powers of attorney and trust instruments have each been the subject of many an estate plan. They each have also been the subject of multiple estate litigations. In combination, the two have served as fodder for controversies...more

Are You Considering Remarrying in Your Senior Years?

Finding love later in life may be unexpected and exciting. The considerations are much different for an older couple with adult children and retirement plans than for a young couple just starting out. Before deciding on next...more

Courts Have Authority To Dissolve Civil Unions Under Pennsylvania Divorce Code

Prior to the December, 2016 Neyman vs. Buckley decision, couples who were joined in civil unions had difficulty dissolving their union in Pennsylvania. When Neyman filed a divorce complaint to dissolve her civil union in...more

Estate Tax Impact of Life Insurance Required by Divorce

by Charles (Chuck) Rubin on

Please see chart below for more information....more

Update Beneficiary Designations After Divorce or Annulment

by Carlton Fields on

On July 1, 2015, the Florida Fourth District Court of Appeal held, with a few exceptions, upon entry of a final judgment of dissolution or annulment, any provision of a will that “affects” a former spouse is void under...more

Affair Website Ashley Madison Fined $8.75 Million Over Data Breach, Misrepresentations

by Ballard Spahr LLP on

The Federal Trade Commission (FTC) has entered into a multimillion dollar settlement with the owners and operators of AshleyMadison.com, a dating website for people interested in having discreet affairs, related to the...more

Ashley Madison Settles with FTC and State AGs for $1.6 Million

We have previously reported on the Ashley Madison data breach and subsequent litigation. On December 14th, Ashley Madison announced that it has agreed to pay $1.6 million and implement additional security measures to settle...more

Não deixe o samba morrer – Parte 2 (Don’t let samba die)

by Gerald Nowotny on

Panorama - Para muitas pessoas nesta semana, o impensável e inesperado se tornou uma realidade política com a eleição de Donald Trump. Se alguém estava se perguntando se a retórica rígida durante a campanha seria...more

Nao Deixe O Samba Morrer! (Don’t Let Samba Die!) Part 2 - What Now? - Immigration Planning Considerations after the Trump...

by Gerald Nowotny on

Overview - For many this week, the unthinkable and unexpected became a political reality with the election of Donald Trump. If anyone was wondering if the tough rhetoric during the campaign would be relaxed after the...more

2016 Year-End Estate Planning Advisory

by Katten Muchin Rosenman LLP on

In 2016, we continued to experience a period of relative stability in our federal transfer tax system and have been able to plan without expecting imminent significant changes to the system. Under the American Taxpayer Relief...more

Divorce Case Spanning Continents Spawns Discovery Sanctions For Company’s Failure To Produce Documents Physically Located Abroad

by Carlton Fields on

The Eleventh Circuit affirmed a district court’s order compelling discovery and awarding contempt sanctions after a man refused to answer discovery requests and defied orders requiring production of documents in a divorce...more

New state law will cut divorce wait time in half

by McNees Wallace & Nurick LLC on

The anxiety, acrimony and expense of a no-fault divorce may diminish after a new state law takes effect in December. Act 102, signed by Gov. Wolf earlier this month, rolls back the waiting period for a divorce from two...more

What We Can Learn From the Brangelina Divorce

by Cozen O'Connor on

I was asked to comment on television about the hottest news, the Brangelina divorce. If you haven’t heard, another celebrity couple, Brad Pitt and Angelina Jolie are divorcing after 2 years of marriage and twelve years of...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

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