News & Analysis as of

Divorce Family Businesses 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.
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

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

Do Your Own Forensic Analysis of Your Business Before Your Spouse Does!

Fox Rothschild LLP on

You own a business or at least a chunk of one. Things are not good at home and they are headed into a “separate” direction. Chances are your business was acquired during the marriage or increased in value during your...more

Ward and Smith, P.A.

Marriage, Divorce & The Family Business: Is What Is Mine Really Yours Too?

Ward and Smith, P.A. on

North Carolina's equitable distribution laws provide the framework for determining how property will be valued and divided when one or both partners in a marriage decide to separate. Before doing a deeper dive into how...more

Fox Rothschild LLP

Top 10 Posts of 2022

Fox Rothschild LLP on

The end of the year is the time for holiday merriment and top 10 lists. As a kid, I used to love to listen to Casey Kasem’s countdown of the top songs of the year. So I decided to do a top 10 list related to posts on this...more

Fox Rothschild LLP

Are You Living in the “Shadow” of Wealth?

Fox Rothschild LLP on

In recent years there has been an evolving literature devoted to income and wealth disparities between the “top tier” of Americans and what is often termed “the rest of us.” The data seem fairly clear. Whether this disparity...more

Fox Rothschild LLP

Responding To The Divorce Where One Spouse Is Ready To “Burn Down The (Financial) House.”

Fox Rothschild LLP on

Extreme times produce irrational responses. A day ago, an unhappy orthopedic patient in Oklahoma decided it was time to kill his surgeon. He took three other lives as well as these people got “in his way.”...more

Gray Reed

Texas Community Property Law and How to Plan Around it

Gray Reed on

Jack Bux and his high school sweetheart, Diane, have been married a few years, but the pandemic has taken its toll on their relationship, and they could soon be parting ways....more

McAfee & Taft

Gavel to Gavel: Marriage, the sole cause of divorce

McAfee & Taft on

Spring brings weddings. Cue delightful melodies as couples waltz toward union. Most engaged couples, however, focus on selection of dresses, tuxes or cake, and ignore that marriage imposes statutory and constitutional...more

Ruder Ware

Using Prenuptial Agreements to Protect the Family Farm

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

Lowndes

Estate Planning & Family Law: How To Protect Your Assets For Future Generations

Lowndes on

Norma Stanley and Derren Ciaglia explain the similarities of estate planning and family law, and give some examples of how to protect your assets in complicated planning matters....more

Adler Pollock & Sheehan P.C.

Premarital planning - Protecting your assets without a prenup

Protecting family assets in the event of a divorce is particularly significant for family business owners, who typically want to avoid sharing ownership with their ex-spouses or their children’s ex-spouses. A prenuptial...more

Ervin Cohen & Jessup LLP

Selling the Business to Divide the Assets, Part 2

This is Part 2 of my discussion of a third alternative for answering the question: When a closely-held business is a valuable marital asset, how can its value be turned into cash? Part 1 discussed the main pros and cons of...more

Ervin Cohen & Jessup LLP

Financing the Business Buyout – Part I (Lenders)

Ervin Cohen & Jessup LLP on

My first article in this series addressed this question: When the closely-held business is a substantial marital asset, what are the three main choices for turning the Departing Spouse’s interest into cash payments? My next...more

Ervin Cohen & Jessup LLP

Installment Terms for the Business Buyout in a Divorce

Ervin Cohen & Jessup LLP on

For many divorcing couples, a closely-held business is the most valuable marital asset. In most cases, it is likely that only one spouse will remain with the business, raising this key issue: How can the interest of the...more

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