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Equitable Distribution Appellate Courts

McGlinchey Stafford

Fifth Circuit Erie-Guess Excludes Retirement Accounts from Spousal Restitution Garnishment

McGlinchey Stafford on

On December 30, 2024, the U.S. Court of Appeals for the Fifth Circuit reversed and remanded a ruling from the U.S. District Court for the Southern District of Mississippi that concerned the denial of Appellant’s motion to...more

Carlton Fields

Florida Appeals Court Decisions: Week of December 23-27, 2024

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U.S. Eleventh Circuit Court of Appeals - USA v. Alhindi - mootness, competency - Florida Supreme Court - Tallahassee - No decisions this week...more

Fox Rothschild LLP

Enforcing Equitable Distribution Orders During an Appeal

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Equitable distribution orders often direct the payment of money from one former spouse to the other. And normally money judgments are entirely enforceable during an appeal, unless the appellant gets a supersedeas bond. So...more

Fox Rothschild LLP

Appellate Division Provides Rationale as to Why Businesses are Rarely Divided 50-50

Fox Rothschild LLP on

While there are always exceptions to the rule, unlike most other assets, though I have seen it happen, businesses are rarely divided 50-50. Yet there is very little case law that explains why this is. In fact, until...more

Fox Rothschild LLP

Mistakes Happen: How The Law Treats Mistakes In Marital Settlement Agreements

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What happens when you make a mistake? You correct it and move on. What happens when you make a mistake in your divorce settlement agreement? Can you correct it and move on? Well, maybe not. There is a mechanism...more

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