News & Analysis as of

Equitable Distribution

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

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

Fox Rothschild LLP

Divorce Lawyers Facing Their Own Navigation Issues as Social Security Veers Off Course.

Fox Rothschild LLP on

It’s an unfortunate week to make the comparison but it is an apt one for the very reason we saw as the tragedy in Baltimore unfolded early Tuesday morning. Then, a ship appears to have temporarily lost power and control,...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

Fox Rothschild LLP

Pervasive Family Law Themes in Reality TV Part I

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I can lie and pretend to watch educational series, all law dramas, during my limited free time between work and two little kids, but I will be honest and tell you that reality TV runs on repeat between my husband’s sports (or...more

Fox Rothschild LLP


Fox Rothschild LLP on

Every day there is another article published beginning with the ubiquitous question: “Can I retire if I have……………?” The blank piece is filled with all kinds of trivia. Can I retire if … - a. I am 55 and will have social...more

Ward and Smith, P.A.

How to File for Divorce

Ward and Smith, P.A. on

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

HOLD ‘EM OR FOLD ‘EM? Volatile Assets During Divorce

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The assets we write about are nice ones to own. Philadelphia is home to a significant research and technology investment community. Pittsburgh also hosts these kinds of businesses. They can create special problems in a...more

Fox Rothschild LLP

Quagmire Investing: The Risks of Seeking Instant Wealth

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Your spouse just came home from the club. The ostensible mission was golf and perhaps another round or two at the proverbial 19th hole. But, tonight there’s not just the travails of the par 3s on the back nine holes or...more

Fox Rothschild LLP

Appellate Division Holds that Newly Enacted Statute to Close the Black Hole Applies Retroactively

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Last week, I blogged about the new statute that closed the block hole that existed when a party who held most or all of the assets died during while a divorce was pending. Specifically, the new statute permits the court to...more

Fox Rothschild LLP

The Black Hole is Closed – New Law Permits Equitable Distribution When Party Dies While a Divorce is Pending

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What happens when a party dies in the middle of divorce? Under the law, the divorce action abates and the matter is over. In many cases, that is to the benefit of the surviving spouse because, in most cases, they would...more

Fox Rothschild LLP

Moving “Family” Money: An Irksome Question

Fox Rothschild LLP on

As my colleague Eric Solotoff of the New Jersey Family Law Blog noted in a recent post the 2024 Divorce Season officially launched on January 2 as many unhappy couples defer taking action until the holidays are over and folks...more

Jaburg Wilk

How Are Rental Real Estate Investments Handled In A Divorce?

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One of the most common assets that divorcing couples own is real property. In many cases, the real property is limited to the marital residence. However, some cases also involve either residential or commercial investment...more

Fox Rothschild LLP

Watch an Equitable Distribution Unfold from the Front Row

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Much of the material we publish comes from Pennsylvania’s Superior Court. In most instances that court is reviewing trial court decisions based on whether the lower court committed an “abuse of discretion.” One of the...more

Fox Rothschild LLP

Don’t Forget About Your Missing $1.65 Trillion in Retirement. The Government May Help.

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Just a few months ago we wrote about folks who have forgotten about retirement assets. Our article was based on experience. But now we have seen the data and it is staggering. The news comes about because the Biden...more

Fox Rothschild LLP

The 529 Plan Hangover; Disposing of Unused Funds.

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Modern day divorce brings us assets in many forms and many of them are “pregnant” with tax consequence when they are divided. In almost all cases, couples who can’t agree on much do tend to acknowledge that money they have...more

Fox Rothschild LLP

Guardian Ad Litem for a Litigant Part II

Fox Rothschild LLP on

Days after I wrote about the Guardian Ad Litem (GAL) role for litigants here in the R.B. v. E.A.C. matter, another case was released on a similar issue: In The Matter of A.H. In this case, the parties who were dual citizens...more

Fox Rothschild LLP

Divorce & The Business of Roth Conversion

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We are reading a lot about if, when, and how people who have conventional IRA accounts should be evaluating whether to convert them to Roth accounts. For those who don’t live in this world, let’s take a minute to bring you...more

Fox Rothschild LLP

The Intersection of Family Law, Estate Law and Federal Law

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On November 14, 2023, the Appellate Division decided an interesting case that implicated the intersection of family law, estate law and federal law. The reported (precedential) decision In the Matter of the Estate of Michael...more

Lasher Holzapfel Sperry & Ebberson PLLC

Top Divorce Myths in Washington State

As a divorce attorney, I’ve noticed that there are a few widely held false beliefs regarding divorce laws in Washington state. Here are the most common and potentially the most dangerous for those headed for a divorce:...more

Lasher Holzapfel Sperry & Ebberson PLLC

Financial Documents to Gather for Your Divorce

Managing personal finances is stressful, and many people are glad to let their spouse take the lead on paying bills, filing taxes, managing investments and the like. However, when preparing for divorce, you should have a good...more

Fox Rothschild LLP

Federal Gift Tax Returns: Are You Signing Away the Store?

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It’s almost too simple. Every year at Christmas or Hannukah or Kwanzaa the family gathers around the tree or the seven or nine candles and celebrates the season of giving by making the annual tax-exempt gifts. These are the...more

Fox Rothschild LLP

The Data Show that the Real Estate Market has “Tipped”

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The front page of yesterday’s Wall Street Journal (10/17) confirms what we have been “feeling” throughout 2023. The home buying frenzy that overheated markets in 1987 and 2007 has reached its pinnacle and moved on....more

Fox Rothschild LLP

Divorce Ambivalence Can Come at a Hefty Price

Fox Rothschild LLP on

When I first read the precedential ruling of the Pennsylvania Superior Court in Shell v. Shell, I really didn’t find it noteworthy enough to write about. This is a case where a spouse discovered that her husband was moving...more

Rivkin Radler LLP

Supreme Court to Decide: No Realization Means No Moore Income Tax?

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Many of you, perhaps most, may have read about a case that will be heard by the U.S. Supreme Court during its current term. The case, Moore v. United States, comes out of the Ninth Circuit Court of Appeals. The Supreme Court...more

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Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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