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Divorce Estate Planning Marital Assets

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
Mandelbaum Barrett PC

Refreshing Your Estate Plan: 5 Steps Post-“Gray” Divorce

Mandelbaum Barrett PC on

Gray divorce, or divorce among older adults, is becoming increasingly common. This demographic trend reflects societal changes, including reduced stigma around divorce and increased financial independence for women. However,...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

Ward and Smith, P.A.

Premarital Agreements and the "Voluntary" Signature

Ward and Smith, P.A. on

Premarital agreements offer persons contemplating marriage the ability to plan for the distribution of their assets and liabilities in the event of separation and/or divorce. While the concept of planning for divorce may seem...more

Kohrman Jackson & Krantz LLP

What You Need to Know About Prenuptial Agreements: Part 2 – Considerations Before Entering into a Prenuptial Agreement

Prenuptial agreements (or “Prenups” as they tend to be referred to colloquially) tend to have an unfair reputation as a societal matter. Indeed, it’s not uncommon for critics of prenuptial agreements to view them as the most...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Obermayer Rebmann Maxwell & Hippel LLP

Prenuptial Agreement Series (Part 1): Do I Need a Prenup?

A prenuptial agreement, or “prenup”, is a contract or agreement between prospective spouses made in contemplation and advance of marriage. A common misconception is that prenups are only needed if you are a celebrity or have...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

Obermayer Rebmann Maxwell & Hippel LLP

I’m Divorced - Now What?

For many people, getting through their divorce is challenging enough. Navigating the financial aspects of divorce can be time-consuming and confusing. Once an individual gets to the finish line, they may think that they can...more

Fox Rothschild LLP

PreNuptial Agreements in the Age of Great Wealth Transmission.

Fox Rothschild LLP on

Axios published an article this week about what it terms the “growing acceptance” of prenuptial agreements. The sum of the article is based on a Harris poll reporting that 50% of those interviewed support the idea of couples...more

Burns & Levinson LLP

Does My Spouse Have Any Claim to My gifted or Inherited Assets in Our Divorce?

Burns & Levinson LLP on

The answer to this question is: it depends. In general, all assets in either party’s name or in which either party has a beneficial interest at the time of the divorce are subject to division in the overall division of...more

Obermayer Rebmann Maxwell & Hippel LLP

Grey Divorces Continue to Rise: What You Need to Know

The term “grey divorce” refers to those couples who decide to divorce later in life and usually after decades of marriage. Unlike divorces among younger couples, divorces among the over-50 set are increasing. ...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

Ward and Smith, P.A.

Whose Business is it Anyway? A Business Succession Case Study

Ward and Smith, P.A. on

Three Ward and Smith attorneys provided an overview of succession planning, estate planning, divorce, and the separation of assets. The seminar — A Business Succession Case Study — used an interactive presentation and a...more

Burns & Levinson LLP

DLM Blog Post – What Not to Do During a Divorce! (2022 Edition) Part II – Financial

Burns & Levinson LLP on

In the second part of this two-part series, you will learn about financial pitfalls to avoid in the divorce process. Experienced divorce counsel can guide you to ensure that financial decisions don’t cost you credibility,...more

Stange Law Firm, PC

Have You Changed Your Beneficiary Designations After Divorce?

Stange Law Firm, PC on

After a party completes their divorce, there are often many things that they need to do to finalize matters. However, one item that many overlook is changing their beneficiary designations after divorce to remove their...more

Burns & Levinson LLP

What Not to Do During a Divorce – Part 1

Burns & Levinson LLP on

A lot of emotions and impulses can arise during a divorce, and it’s critical to avoid any behavior that you may regret– including in the courtroom. What’s at stake? Credibility, time, money, custody, and peace of mind, to...more

Kohrman Jackson & Krantz LLP

Special Considerations For Divorces Involving Middle-Aged And Older Americans: Part 2

PART 2: DIVISION OF ASSETS AND DEBTS, RETIREMENT BENEFITS, AND ESTATE PLANNING MATTERS - As discussed in Part One of our two-part series detailing the social phenomenon know as “grey” divorce, a number of recent studies,...more

Lowndes

Protecting Your Inheritance with a Prenuptial Agreement

Lowndes on

When you're planning a wedding, discussing a prenuptial agreement with your soon-to-be spouse may not seem exciting or may even feel uncomfortable. Yet, no one knows what the future holds, and a prenuptial agreement can...more

Lowenstein Sandler LLP

The $6 Million Wedding

Lowenstein Sandler LLP on

Prenuptial agreements: A trusts and estates lawyer and a divorce attorney discuss prenuptial agreements to explain why estate planning deals with all parts of your life—not just the end of it. Speakers: Warren Racusin,...more

Fox Rothschild LLP

CONVEYANCES OF MARITAL PROPERTY INTO TRUSTS Superior Court Holds Such Gifts May Be Fraudulent

Fox Rothschild LLP on

The Superior Court issued a non precedential decision on September 21 grappling with a question that has lingered since Pennsylvania adopted equitable distribution forty years ago. What happens to transfers of marital assets...more

Burns & Levinson LLP

Altering Estate Plans Before or After Divorce

Burns & Levinson LLP on

In the early stages of this blog, I reviewed and discussed several ways that we could “Learn from Famous Mistakes,” such as failing to update an estate plan post-divorce and dying while in the midst of divorce proceedings....more

Ruder Ware

Protecting Your Inheritance

Ruder Ware on

So you’ve received an inheritance and you’re married. The person who left you the inheritance probably intended for it to benefit you, not your spouse, if you get divorced. How do you protect the inheritance?...more

Dickinson Wright

A 12 Step Checklist of Post-Divorce Considerations

Dickinson Wright on

Your divorce has just been finalized. Now what?  Depending on the assets divided, there may be a number of steps that you have to take to implement the terms of your divorce.  While your attorney likely provided some guidance...more

Lewitt Hackman

I Expect an Inheritance: Do I Really Need a Prenuptial Agreement?

Lewitt Hackman on

YES! If you don’t have a prenuptial agreement the California Family Code applies. You might as well familiarize yourself with California law and decide whether you want to opt out via a prenuptial agreement....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Five Fast Facts About Qualified Spousal Trusts

The Qualified Spousal Trust Act (the “Act”) was passed by the Arkansas Legislature during the Spring 2019 Legislative Session. The Act applies to joint revocable trusts created by married individuals prior to or after the...more

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