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Equitable Distribution

Offit Kurman

How to Divide Retirement Accounts During Divorce Amid Market Fluctuations

Offit Kurman on

Dividing retirement accounts during a divorce is already complex, but the process becomes even more complicated when you factor in market volatility.. Stock market fluctuations can dramatically change the value of retirement...more

Lewitt Hackman

Who Gets What in a California Divorce?

Lewitt Hackman on

Dividing assets in a divorce is one of the most complex aspects of an already emotionally, physically, and financially challenging process. Without a prenuptial agreement or a postnuptial agreement, determining who gets what...more

Lerch, Early & Brewer

The 5 Pieces of Information You Should Bring to Your Initial Meeting with a Divorce Attorney

Lerch, Early & Brewer on

Meeting with a divorce attorney for the first time can feel overwhelming, no matter the circumstances. ...more

Kohrman Jackson & Krantz LLP

What to Expect at a Final Hearing in a Domestic Relations Lawsuit

You’ve done all the hard work in your divorce or dissolution action. You’ve exchanged any requisite documents and other discovery, made a full and complete disclosure of all your assets, liabilities and income, and completed...more

Kaufman & Canoles

5 Practical Steps to Take Upon Separation

Kaufman & Canoles on

Under Virginia law, separation occurs when at least one spouse forms the intent to permanently separate. Consider these practical steps to protect your property interests. Originally published in the February 2025 issue of...more

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

McGlinchey Stafford

Fifth Circuit Erie-Guess Excludes Retirement Accounts from Spousal Restitution Garnishment

McGlinchey Stafford on

On December 30, 2024, the U.S. Court of Appeals for the Fifth Circuit reversed and remanded a ruling from the U.S. District Court for the Southern District of Mississippi that concerned the denial of Appellant’s motion to...more

Dentons

Five Ways to Sabotage Your Divorce (And Why You Really Shouldn't)

Dentons on

You're going through a divorce. Your spouse says something that cuts deep—maybe they call you an unfit parent or threaten that you'll walk away with nothing. These brief yet hurtful comments can trigger impulsive actions. But...more

Offit Kurman

New York Takes a Progressive Step with Uncontested Joint Divorce

Offit Kurman on

On January 31, 2025, the Chief Administrative Judge of the State of New York announced an inventive pilot program designed to change how the court system processes divorces, introducing the concept of "uncontested joint...more

Fox Rothschild LLP

The Complications and Concerns of Gray Divorce

Fox Rothschild LLP on

I recently talked with family law attorney Robert Salzer on the Pennsylvania Bar Association’s “Law in the Family” podcast about “gray divorce” and the considerations related to parties divorcing later in life. There’s no...more

Offit Kurman

Understanding Inheritance and Equitable Distribution in South Carolina Divorce

Offit Kurman on

Dividing assets in a divorce is often a complicated and emotional process, and when inheritance is involved, the stakes can be even higher. In South Carolina, inherited property is generally considered separate from marital...more

Weber Gallagher Simpson Stapleton Fires &...

We Never Got Married, Can You Help Me?

There have always been those couples who decide, for whatever reason, not to get married. They continue to live together and build a life together without the formality of marriage. So, what happens when a relationship like...more

Fox Rothschild LLP

More on the Intersection of Family Law, Estate Law and Federal Law

Fox Rothschild LLP on

In November of 2023, I did a post on this blog titled The Intersection of Family Law, Estate Law and Federal Law, regarding the reported Appellate Division case In the Matter of Michael D. Jones, Deceased. That case dealt...more

DarrowEverett LLP

Florida Divorce Ruling on Personal Goodwill Could Impact Other States

DarrowEverett LLP on

In early July 2024, Florida enacted a significant amendment to its equitable distribution statute, particularly concerning the treatment of personal goodwill in divorce proceedings. These changes, coupled with the pivotal...more

Carlton Fields

Florida Appeals Court Decisions: Week of December 23-27, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Alhindi - mootness, competency - Florida Supreme Court - Tallahassee - No decisions this week...more

Awatif Mohammad Shoqi Advocates & Legal...

Expat Divorce in Abu Dhabi: Jurisdiction and Asset Division by the Family Court

Introduction: For expatriates living in the UAE, divorce might be a complicated process and deal with emotions. Abu Dhabi has been taking steps to address the unique challenges that expatriates face with its Law No. 14/2021...more

Ward and Smith, P.A.

Marriage, Divorce, & the Family Business: Protecting the Family Business from Divorce

Ward and Smith, P.A. on

One's ownership in a closely held business (often a family business) may be affected by a separation or divorce. In many situations, the business will be joined as a party in an equitable distribution lawsuit. " One's...more

Lasher Holzapfel Sperry & Ebberson PLLC

Navigating Divorce: The Importance of Financial and Appraisal Experts

Divorces are stressful and emotionally challenging. Amidst feelings of loss and uncertainty, there are practical matters that require careful attention, especially when it comes to financial assets. In addition to having a...more

Weber Gallagher Simpson Stapleton Fires &...

Flea Market Flip

I start this blog post with a confession. I am a collector. I collect all sorts of things, vintage wristwatches, fountain pens, 1940’s Hall refrigerator ware, vinyl records, and probably a few other things I can’t think of...more

Charles E. Rounds, Jr. - Suffolk University...

The Uniform Trust Code inadvertently puts a bullseye on the trustee’s doctrinally indispensable affirmative duty to furnish all...

Many of my prior JDSUPRA postings caution that codification of the law of trusts, such as the Uniform Trust Code (UTC), are only partial codifications. See the catalogue of my prior postings below. There is much prevailing...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Evidence in Divorce and Custody Cases

“It didn’t happen if there isn’t a document to prove it.” This proposition is a little bit like “possession is nine tenths of the law.” It sounds good and frequently applies, but it isn’t as absolute as it sounds. In...more

Fox Rothschild LLP

No, Courts Cannot Just Adopt A Court Appointed Expert’s Opinion Without a Cross Examination

Fox Rothschild LLP on

The Rules of Court clearly allow a Family Part Judge to appoint their own expert on any issues, whether custody or economic issues, in order to aid the court in making a decision on an issue before the Court. The Court rule...more

Awatif Mohammad Shoqi Advocates & Legal...

Investment and Profit Sharing of Shareholders: How to Amend the Share Memorandum

Investment is a cornerstone of corporate governance under Federal Decree-Law No. 32/2021 on Commercial Companies Law (Companies Law), where shareholders play a pivotal role in the financial health and prosperity of a company....more

Vinson & Elkins LLP

T+1 Settlement — Revisiting Ongoing ATM Programs

Vinson & Elkins LLP on

On May 28, 2024, the standard settlement cycle for most broker-dealer transactions was shortened from a two business day settlement period (T+2) to one business day (T+1). Under the T+1 settlement cycle, most securities...more

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