News & Analysis as of

Marriage Alimony

Ward and Smith, P.A.

The Dollars and Cents of Separation and Divorce: Understanding Post-Separation Support and Alimony in North Carolina

Ward and Smith, P.A. on

Before we dive into ways to prepare for your post-separation support and alimony case, it's important to understand what these terms mean and your general eligibility for spousal support. There are two types of spousal...more

Ward and Smith, P.A.

Preparing for your Post-Separation Support and Alimony Case in North Carolina

Ward and Smith, P.A. on

Before we dive into ways to prepare for your post-separation support and alimony case, it's important to understand what each of these terms mean and your general eligibility for spousal support. There are two types of...more

Offit Kurman

Why Divorce Lawyers Are Busy After the Holidays

Offit Kurman on

The holiday season, with its emphasis on family gatherings, goodwill, and celebration, might seem like an unlikely time to consider divorce. However, for many couples, the stress and emotional intensity of the holidays often...more

Fox Rothschild LLP

The New Year’s Resolution Divorce – 2025 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

Bowditch & Dewey

Beniffer is benefinished…and didn’t have a prenup!

Bowditch & Dewey on

Prenuptial agreements are not just for celebrities, but the messiness that follows a celebrity divorce filing often puts prenuptial agreements in the spotlight. Here are five reasons why Ben Affleck and Jennifer Lopez (J-Lo)...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

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

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

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

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

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

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

The New Year’s Resolution Divorce – 2024 Edition

Fox Rothschild LLP on

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

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

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

Lowndes on

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

Lowndes on

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

Cole Schotz on

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

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

Weber Gallagher Simpson Stapleton Fires &...

Common Law Marriage: A Postscript for the LGBTQ+ Community

Not long ago I wrote a blog and recorded a podcast on common law marriage. I recently came across a decision of Pennsylvania’s Superior Court that has significance for the LGBTQIA+ community....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

Fox Rothschild LLP

Court Sells Vacation Home to Pay Alimony and Equitable Distribution Arrears

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When parties settle their cases, many if not most, expect that their agreement that they spent months or years negotiation will finally provide them with some peace. After all, if someone agrees to do something in an...more

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