News & Analysis as of

Marital Assets Marriage

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

Lowenstein Sandler LLP

The Sad Case of Lovey and Hubby (Part 2)

Lowenstein Sandler LLP on

On this episode of “Splitting Heirs,” Warren K. Racusin welcomes back Sharon L. Klein, President of Family Wealth for the Eastern US Region of Wilmington Trust Company and member of the Estate Planning Hall of Fame, to...more

Bowditch & Dewey

Familiarize Yourself with Rule 411 – Automatic Restraining Order

Bowditch & Dewey on

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

Lasher Holzapfel Sperry & Ebberson PLLC

What is a “Defunct Marriage” in Washington?

Merriam-Webster defines “defunct” as “no longer living, existing, or functioning.” In Washington, a “defunct marriage” is a term for spouses who have given up any hope of salvaging the relationship, and yet for whatever...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

Lerch, Early & Brewer on

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?

Fox Rothschild LLP on

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

Maynard Nexsen

High-Net-Worth Divorce and Business Interests

Maynard Nexsen on

Divorce is always a challenging experience, involving delicate matters such as property division, child custody, and alimony. However, when high-net-worth individuals go through a divorce, the complexities increase,...more

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

Fox Rothschild LLP

Are Mortgage Rates and High Rents the Catalyst to “Quiet Quitting?”

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We have been reading recently about a new life phenomenon called “quiet quitting.” Essentially the concept is that one or both spouses are done with the relationship but neither has the energy or the resources to move on...more

Fox Rothschild LLP

Managing Das Haus in a Second Marriage Estate Plan

Fox Rothschild LLP on

So, you have remarried. Perhaps it has been 30 months; maybe 30 years. When you got together the guy/girl moved into your crib. It’s always been titled in your name and it’s the house you got in your divorce from No. 1. Now...more

Barnea Jaffa Lande & Co.

What are the tax Aspects of Prenuptial Agreements in Israel?

Contrary to popular belief, the purpose of signing a prenuptial agreement is not just to dictate the division of property in the event of divorce. Signing a prenuptial agreement can also provide significant tax advantages to...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

Jaburg Wilk

Seven Myths about Getting Divorced in Arizona

Jaburg Wilk on

We often see family law clients who have misconceptions about divorces. These misconceptions impact their decision-making. We are going to debunk common myths about divorce in Arizona to provide clarity and empower...more

Lasher Holzapfel Sperry & Ebberson PLLC

How to Prepare for Your Divorce Consult

So, you have decided to pursue a divorce and you’ve chosen an attorney who you want to meet with. What do you do next? Your first consultation with a divorce attorney usually involves an explanation of your legal options, an...more

Conn Kavanaugh

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

Conn Kavanaugh on

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

Blank Rome LLP

Collaborative Divorce: A Viable Option for High Net-Worth Couples

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Contrary to popular belief, divorce is not always an ugly, highly confrontational affair. According to a Forbes report in 2022, approximately 90 percent of the half million divorces in the United States yearly are...more

Fox Rothschild LLP

My Ex Sold Our House for Huge Money. Why No Change in My Support?

Fox Rothschild LLP on

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

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

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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

Lasher Holzapfel Sperry & Ebberson PLLC

My Spouse Filed for Divorce: What Should I Do Next?

Divorce often feels frightening and overwhelming, especially at the beginning if it came as a surprise. Even if you do not oppose the divorce and were expecting the paperwork, reading a divorce petition for the first time can...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

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

Cozen O'Connor

Don’t Leave A Prenup Off Of Your Wedding Checklist

Cozen O'Connor on

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

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