News & Analysis as of

Spouses

Parkland

by Fox Rothschild LLP on

This is not a political outlet. So, I will confine my “political” comment to a single set of facts. 17 people killed yesterday. 32 school days so far this year. Time Magazine reports 18 school shootings. So a school...more

Domestic Violence And The “Willoughby Moment”

by Fox Rothschild LLP on

2017 was a remarkable year in many ways. In late Spring we watched one of America’s favorite entertainers tried for sexual assault. In October, prominent producer Harvey Weinstein was accused of sexual assault by more than...more

A Playlist For When You’re Going Through A Divorce On Valentine’s Day

by Fox Rothschild LLP on

It may seem counter-intuitive, but the month of Saint Valentine is also generally the month that sees the highest volume of filing for divorce. For some people, getting divorced may be their New Years Resolution. Others...more

ASCENDING MOUNT SCARPACI: A Lesson In Intestacy, Taking Against A Will & Getting Divorce Grounds Established

by Fox Rothschild LLP on

A Superior Court decision last month by Judges Lazarus, Bowes and Ott reminds divorce practitioners that there are distinctions to be drawn between the rights of intestate surviving spouses and the rights of a surviving...more

Appellate Division Confirms That Alimony Cannot Be Judicially Determined With A Formula

by Fox Rothschild LLP on

One of the most common question posed by clients is – how is alimony determined? Unfortunately, there is no easy answer to that question, and it is often dependent upon the facts and circumstances of a given matter. ...more

Can one Spouse Sign an Attorney Fee Agreement for an Injured Spouse?

Woodland Hills personal injury and car accident attorney Barry P. Goldberg is confronted from time to time with a spouse looking for a personal injury attorney for a severely injured spouse who is hospitalized or otherwise...more

Using Prenuptial Agreements to Protect the Family Farm

by Ruder Ware on

The family farm is a special asset. The family may have worked hard through decades, maybe even generations, to accumulate and develop the farm’s land, equipment and livestock. The children may be grown and successors to...more

The New Year’s Resolution Divorce

by Fox Rothschild LLP on

For many divorce attorneys, the busy season starts after the first of the year. For the last several years, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this post has struck a...more

The Revised U.S. Tax Code’s Impact On Alimony

By now most people are aware of the impending changes to the U.S. tax code brought about by the GOP tax bill, dubbed the “Tax Cuts and Jobs Act,” which Congress voted to pass on December 20, 2017. These substantial changes,...more

The Fine Print - Winter 2017 - Family Law & Estate Planning

The Winter 2017 issue of The Fine Print focuses on family law and estate planning and features articles on prenuptial agreements, what to know if you are heading toward divorce, and more. Click on the attachment below to read...more

Divorce Planning: How Tax Reform Could Affect Your Decisions

by Lewitt Hackman on

Under the current tax law, individuals making spousal support payments may deduct the payments on their tax returns. Conversely, the individual receiving alimony must count those payments in his or her gross income....more

Prenuptial Agreements - Who Needs Them?

A prenuptial agreement is a contract between prospective spouses before they marry, which governs certain issues in the event of divorce or death, such as property division, spousal support, and rights of a surviving spouse....more

Thinking You're Headed Toward Divorce? Here's What You Need To Know

Your marriage is in question and you are contemplating divorce. Before you go down the path, here are a few things to consider...more

Surviving The Holidays While Dealing With Divorce

by Cozen O'Connor on

The holidays are supposed to be a time of good will and cheer. For those going through a divorce, however, the situation is often not cheerful and may even be grim. With some thoughtful planning and the right outlook,...more

Mediate, Alleviate, Try Not To Hate…Lessons Learned From 80s Icons

by Fox Rothschild LLP on

Ah, the 80s and MTV when bands still made music videos and we still cared to watch them. Many of you may remember the video for the INXS song “Mediate” at the back end of the video for “Need You Tonight”, with the band...more

SCOTUS Declines To Address Texas Supreme Court Ruling Limiting Reach of Obergefell

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court announced that it would not hear an appeal from the City of Houston in a case challenging the city’s ability to offer spousal benefits to same-sex spouses of municipal employees. By...more

When should you turn down an inheritance?

If a person expects to receive an inheritance from a family member, he or she might choose to use a qualified disclaimer to refuse the bequest. As a result, the assets will bypass their estate and go directly to the next...more

Alimony Ambiguity Reaches Stage “Critical”

by Fox Rothschild LLP on

We have still not seen a copy of the Senate bill although PBS Newshour reports that the final version adopted by the Senate was not circulated in the Senate until late Friday evening and about 5 hours before the vote. ...more

I Do…I Do…Wait, Did We?: The Virginia Supreme Court Weighs in on the Timing of Marriage Licenses and Ceremonies

by LeClairRyan on

Imagine you’ve thought you were married for a decade and all of a sudden your spouse denies that you were ever married at all. The Virginia Supreme Court (the “Court”) recently decided just such a case in Levick v....more

Court Denies Request For Mandamus Relief Regarding Court Order Requiring Spouse of Deceased Trustee To Prepare An Accounting

by Winstead PC on

In In re Ng, after a jury found that a deceased trustee did not breach fiduciary duties, a trial court nonetheless ordered the deceased trustee’s spouse to prepare an accounting of the trust. No. 09-17-00386-CV, 2017 Tex....more

I-20 - Special Holiday Party Episode

by Cozen O'Connor on

Michael Schmidt's latest episode of Employment Law Now features a Top 10 list of tips to consider in order to avoid some holiday party mistakes for your company....more

Family Law Practice in a Values-Based Culture

by Jaburg Wilk on

Once most non-family law attorneys find out my specialty, they say “I would never do what you do!" Given that they’re on the outside looking in, it is easy to understand why so many lawyers feel that way. Originally...more

Spousal Jealousy Can Lead to a Viable Claim of Unlawful Gender Discrimination

Recent cases in New York and Pennsylvania demonstrate that, at least in some jurisdictions and under some circumstances, a plaintiff can state a valid claim for unlawful gender discrimination based on a spouse’s jealousy....more

Alan Thicke Estate Dispute Highlights Pre-litigation Threats

by LeClairRyan on

Actor Alan Thicke – best known for his role on the TV show Growing Pains – passed away at the end of 2016, leaving behind a dispute between two of his sons and his third wife. ...more

Making Use of a Deceased Spouse’s Unused Estate Tax Exemption Simplified

by Genova Burns LLC on

The election for married couples to elect portability of the Federal Estate Tax Exemption was introduced in late 2010 when the Tax Relief Unemployment Insurance Reauthorization and Job Creation Act (“TRUIRJCA”) was signed...more

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