News & Analysis as of

Divorce Personal Property

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
Lerch, Early & Brewer

Why Do Couples Need Prenuptial Agreements?

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The case for couples to get (or at least strongly consider) a prenuptial agreement is simple: it is much easier to get into a marriage than it is to get out of one. ...more

Bowditch & Dewey

Familiarize Yourself with Rule 411 – Automatic Restraining Order

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Every divorce matter in Massachusetts subjects both parties to Probate and Family Court Supplemental Rule 411, entitled “Automatic Restraining Order.” Rule 411 provides that neither party “shall sell, transfer, encumber,...more

Smith Debnam Narron Drake Saintsing & Myers,...

Prenuptial Agreement vs. Postnuptial Agreement: The Differences & When to Choose Each

When it comes to protecting assets and establishing financial arrangements between spouses, two types of legal agreements come into play: prenuptial and postnuptial agreements. While both serve similar purposes, there are...more

Lerch, Early & Brewer

Choosing Where to Divorce May Change Your Outcome

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Couples who live in more than one place may be able to choose where to divorce and, perhaps significantly, change the outcome. Divorce law is state-specific, meaning that the laws in each jurisdiction vary. Generally,...more

Fox Rothschild LLP

Marriage & Divorce: Just What Do Americans Want?

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Because of the blog’s topic, we are fed a lot of reported news on the state of marriage and divorce in 21st century America. Three topics seem to be headlining this week, the inconsistency of which is baffling. 1.There is a...more

Tucker Arensberg, P.C.

Who Gets the Dog Fur-ever?

Pennsylvania law, as currently written, does not have any special provisions for pets when their owners get divorced. Even though many individuals consider pets as children, Pennsylvania courts do not. ...more

Fox Rothschild LLP

The Current Real Estate Market: And We Thought Divorce was Crazy.

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One of the things young lawyers are taught when they begin to practice is that law school offers no training in how to manage client expectations. When clients search for lawyers they typically do so expecting justice and to...more

Fox Rothschild LLP

Getting Divorced & Selling the House: WATCHOUT!

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Early in this writer’s career lawyers used to have to be careful about possible capital gains tax on the sale of a personal residence. Before 1997 the exclusion was $125,000 per spouse and $250,000 if the taxpayers filed...more

Obermayer Rebmann Maxwell & Hippel LLP

Yours, Mine or Ours? Gifts, Inheritance, and Divorce in Pennsylvania

During the divorce process, parties are tasked with determining how to equitably divide their marital property. Typically, “marital property” is defined as any property acquired between the date of marriage through the date...more

Burns & Levinson LLP

We’re Splitting Up – Who Keeps the Pet?

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Frequent readers of the Divorce Law Monitor may recall a previous post “We’re Divorcing – Who Keeps the Pet?” This follow-up post discusses an opinion handed down this month by the Appeals Court, which, while it likely will...more

Fox Rothschild LLP

We Don’t Like Each Other But Can’t Afford to End it.

Fox Rothschild LLP on

There are some fascinating topics related to divorce swimming out there in the electronic world. And one we just saw is a new phenomenon where couples are deciding it’s over in every sense except the official one called...more

Burns & Levinson LLP

Consideration of “Savings for a Rainy Day” Deemed Appropriate in Determining Amount of Alimony

Burns & Levinson LLP on

It has long been disputed whether alimony paid from one spouse to another should allow the recipient to save for a rainy day. The Supreme Judicial Court of Massachusetts weighed in on that issue for the first time on March 7,...more

Fox Rothschild LLP

Top 5 Facts about your Premarital Assets and Liabilities Under Pennsylvania Law

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Whether you are getting married or divorced, it is helpful to understand what will happen to the assets and liabilities that you have or had at the time of marriage. This is because assets and liabilities that you have...more

Obermayer Rebmann Maxwell & Hippel LLP

Prenuptial Agreement Series (Part 2): What Language Should I Have In My Prenup?

A prenuptial agreement, or “prenup”, is a contract or agreement between prospective spouses made in contemplation and advance of marriage. A discussion on the various reasons that a person may wish to enter a prenup before...more

Obermayer Rebmann Maxwell & Hippel LLP

Postnuptial Agreement - Is it right for you and your spouse?

A postnuptial agreement can provide similar benefits to a prenuptial agreement. When possible, we always recommend couples enter into a premarital agreement before the wedding rather than waiting to enter into a postnuptial...more

Kohrman Jackson & Krantz LLP

What You Need to Know About Prenuptial Agreements: Part 2 – Considerations Before Entering into a Prenuptial Agreement

Prenuptial agreements (or “Prenups” as they tend to be referred to colloquially) tend to have an unfair reputation as a societal matter. Indeed, it’s not uncommon for critics of prenuptial agreements to view them as the most...more

Pullman & Comley, LLC

Arbitrations May Save Time, Money and Distress in Divorce Proceedings

Pullman & Comley, LLC on

Divorce is rarely, if ever, a happy process. The fundamental disagreements that lead a spouse to file for divorce may create chronic distrust and animosity.  The additional conflicts spawned during a lengthy pretrial process...more

Obermayer Rebmann Maxwell & Hippel LLP

Friends Fur-Ever. Who Gets The Pets in a Divorce?

Much to the despair of animal lovers all throughout Pennsylvania, during the divorce and equitable distribution process, pets that were acquired during the marriage are considered personal property and are treated no...more

Lerch, Early & Brewer

Prenup 101: Protecting Your Rights and Assets

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Many of my clients worry about raising the idea of a prenuptial agreement with their fiancé/fiancée because of the anticipated response and what it “says” about their relationship. Whether or not a couple enters into a...more

Fox Rothschild LLP

PreNuptial Agreements in the Age of Great Wealth Transmission.

Fox Rothschild LLP on

Axios published an article this week about what it terms the “growing acceptance” of prenuptial agreements. The sum of the article is based on a Harris poll reporting that 50% of those interviewed support the idea of couples...more

Burns & Levinson LLP

Does My Spouse Have Any Claim to My gifted or Inherited Assets in Our Divorce?

Burns & Levinson LLP on

The answer to this question is: it depends. In general, all assets in either party’s name or in which either party has a beneficial interest at the time of the divorce are subject to division in the overall division of...more

Lerch, Early & Brewer

War of the Ring: Who Gets the Bling if the Marriage Fails or Never Happens

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An engagement ring can be a powerful symbol of love and affection—but that sparkly rock can also empty out your bank account in a hurry. So, if your generous gift doesn’t precede a trip down the aisle or a lifelong marriage,...more

Burns & Levinson LLP

My Spouse’s Affair Partner Has Been Using Our Marital Assets. What Can I Do?

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One of the most heartbreaking situations for any spouse is the discovery that their spouse has been carrying on an affair. Worse still is discovering that the spouse has been spending income or assets that would otherwise be...more

Weber Gallagher Simpson Stapleton Fires &...

Let's Talk About the Anatomy of a Prenuptial Agreement

Pennsylvania has specific requirements when it comes to a prenuptial agreement. This agreement dictates certain things before you get married that aim to protect both parties. Family Law partner John Zurzola explains the...more

Lasher Holzapfel Sperry & Ebberson PLLC

Did You Buy Marriage Insurance? The Importance of Prenuptial Agreements in Community Property States

Around the world there are millions of people who rely on insurance for homes and vehicles to celebrity body parts. Nowadays, there is even insurance to cover the postponement or cancellation of one’s wedding. Ironically,...more

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