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Marriage Alimony Spouses

Pietragallo Gordon Alfano Bosick & Raspanti,...

Top 5 Divorce and Custody Myths

Whether it is from TV shows, movies, or stories from friends, people who are unacquainted with the divorce and custody process often come to initial consultations with attorneys with certain expectations that are, well, based...more

Smith Debnam Narron Drake Saintsing & Myers,...

Understanding Illicit Sexual Relationships and the Legal Ramifications

Illicit sexual relationships can have a significant impact on a spouse’s rights and obligations in the context of separation and divorce, specifically regarding spousal support. How is Illicit Sexual Behavior Defined?...more

Conn Kavanaugh

Massachusetts Appeals Court Sheds Light on Double-Dipping in Trethewey v. Trethewey Divorce Settlement

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While it is standard practice that an asset will be valued and divided in a divorce, what happens when the same asset that was divided between spouses is also used to generate income for support? In such divorce cases, a...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

Fox Rothschild LLP

Yes, A 29 Year Marriage Warrants Open Durational Alimony

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Since the 2014 amendments to the alimony statute were enacted, we have seen this clutching at pearls and gnashing of teeth about what to do in long term (over 20 years) marriages when the payor is in her/his 60s. The...more

Cohen Seglias Pallas Greenhall & Furman PC

More Than Meets the Eye: NJ Supreme Court Cardali Decision’s New Methodology Can Prevent Judicial Backlog and Increased Costs

Family law practitioners everywhere have lauded the New Jersey Supreme Court’s decision last year in Cardali v. Cardali for providing a ‘Big Win for Clarity’ on cohabitation cases and the burden that must be met before a...more

Cozen O'Connor

Don’t Leave A Prenup Off Of Your Wedding Checklist

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Now that Valentine’s Day is past and Spring is almost upon us, many couples are starting to plan or are in the midst of preparation for their upcoming nuptials. While the focus is usually on the event itself, couples often...more

Fox Rothschild LLP

My Lawyer Won’t Do My Prenup. What’s That About?

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My colleague Jessica Kitain wrote last month (2/14) about the basics of what goes into a premarital/prenuptial agreement. Today we fielded an inquiry about some of the stickier questions that often go unnoticed yet merit some...more

Ward and Smith, P.A.

How to File for Divorce

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Marriages may be dissolved by either party when the parties have continuously lived separately and apart for at least one year. However, you are not actually divorced until the District Court enters a Judgment for...more

Fox Rothschild LLP

The New Year’s Resolution Divorce – 2024 Edition

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For many divorce attorneys, the busy season starts after the first of the year. Since practically the inception of this blog, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this...more

Obermayer Rebmann Maxwell & Hippel LLP

Prenuptial Agreement Series (Part 1): Do I Need a Prenup?

A prenuptial agreement, or “prenup”, is a contract or agreement between prospective spouses made in contemplation and advance of marriage. A common misconception is that prenups are only needed if you are a celebrity or have...more

Cohen Seglias Pallas Greenhall & Furman PC

A Win for Divorce Litigants: NJ Supreme Court’s Cardali Decision Provides Clarity on Cohabitation

The New Jersey Supreme Court’s recent decision in Cardali v. Cardali is a clear win for divorce litigants seeking to terminate or suspend alimony payments. The decision provides significant clarity on what is needed to obtain...more

Lowndes

Florida's Alimony Overhaul: New Legislation Changes Modification Standards

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On June 30, 2023, Governor DeSantis signed landmark legislation, which made sweeping changes to Florida’s alimony laws. Similar attempts have failed in prior years, including a veto by DeSantis of the bill’s predecessor in...more

Lowndes

Governor DeSantis Signs Landmark Alimony Reform Bill Eliminating Permanent Alimony

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On June 30, 2023, Governor DeSantis signed landmark legislation significantly impacting Florida’s alimony law. The new law will be effective July 1, 2023, and applies to all initial petitions for dissolution of marriage that...more

Cole Schotz

Saying “I DO” Again – Top Eight Issues to Consider Before Taking Your Next Trip Down the Aisle

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Most people are aware of the statistic that 50% of marriages end in divorce, and the statistics for divorces in second marriages are even higher with a rate of 70%. Often with second marriages, couples will have to address...more

Burns & Levinson LLP

How to Have the Prenup Conversation with Your Fiancé(e)

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A prenuptial agreement is one of the most difficult issues to discuss with your intended spouse while you’re in the thick of sending out wedding invitations, tasting cake, and deciding on a venue for the ceremony. A...more

Burns & Levinson LLP

Prenuptial Agreement that Strips a Party of All Marital Interests Found Unconscionable

Burns & Levinson LLP on

Once again, the Appeals Court tells us that a prenuptial agreement that strips a party of all marital interests is unconscionable and will not be enforced. On March 30, 2023, the Appeals Court issued its decision in Rudnick...more

Fox Rothschild LLP

Trial Court Applies Wrong Retirement Standard to a Pre-2014 Alimony Obligation

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I still hear people call the 2014 Amendments to the alimony statute “the new statute.” Almost 9 years later, it is no longer new. That said, since that time, there is still not a lot of law interpreting it other than several...more

Fox Rothschild LLP

Delay, Waiver & Law of the Case Doctrine

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Deadlines are commonplace in Marital Settlement Agreements negotiated incident to a divorce. In fact, most Orders from the Court contain time-sensitive obligations. But, what happens when someone misses that date or otherwise...more

Burns & Levinson LLP

My Spouse Receives Stock Options as Part of Her Compensation Package. Will Stock Options Granted After Our Divorce Be Included in...

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Stock options granted to a party during a marriage are considered marital assets subject to property division upon divorce, even if the options vest after the parties are divorced. However, whether stock options that are...more

Burns & Levinson LLP

No Prenupt(ial)? A 101 Guide to Postnupts

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More and more couples are electing to sign prenuptial agreements before their big wedding day, yet some can’t agree, don’t want to, or don’t have time to do one beforehand. After all, some people continue to believe that...more

Kohrman Jackson & Krantz LLP

Special Considerations for Divorces Involving Middle-Aged and Older Americans: Part 1

PART 1: SPOUSAL SUPPORT, ACCESS TO HEALTH INSURANCE, AND ADULT CHILDREN - In recent years, the growth in the divorce rate among middle-aged and older American couples has been an interesting trend that many researchers have...more

Burns & Levinson LLP

What Happens to the Life Insurance After Divorce?

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It depends on what was put into writing – or not! On January 10, 2022, the Massachusetts Supreme Judicial Court (SJC) ruled that where a former husband failed to change the beneficiary designation on his life insurance...more

Fox Rothschild LLP

The New Year’s Resolution Divorce – 2022 Edition

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For many divorce attorneys, the busy season starts after the first of the year. For the last several years, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this post has struck a...more

Lowndes

Lessons from a Celebrity Divorce: The Importance of a Prenuptial Agreement

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Celebrity divorces are always a fascinating topic. Over the last year, you may have seen news reports concerning Kelly Clarkson’s divorce from her husband that discuss the couple’s purported prenuptial agreement. ...more

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