News & Analysis as of

Marital Estate

Foster Swift Collins & Smith

Striving for Fairness – How do Courts Deal with a Couple's Ongoing Financial Obligations During Divorce Proceedings?

During the divorce process, questions regarding finances will inevitably come up: How will our finances work while we’re getting divorced? Who is going to pay the mortgage, credit card, daycare, school tuition? Can I pay my...more

Fox Rothschild LLP

Deferred Comp: The Iceberg Of Modern Income

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When this writer began his career in 1980, wages were pretty much the only form of employment compensation and life was easy. For regular wage earners, there was a bonus at years’ end. For executives, employers liked to see...more

Awatif Mohammad Shoqi Advocates & Legal...

UAE: All You Need to Know About Off Plan Property Legalities and Conjugal Rights

Off-Plan property refers to a real estate that is purchased before it is constructed or completed. Purchasing an off-plan property in the UAE can be an attractive investment opportunity. However, it is essential to understand...more

Fox Rothschild LLP

Equity Overcomes The Law In A Land Title Case

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First, foremost, the case decided on October 12, 2022 is non-precedential, leaving the bench and bar to debate whether it matters.* But, the decision in Nally v. Nally, 163 EDA 2022 is going to make the real estate community...more

Proskauer Rose LLP

Wealth Management Update - September 2022 - 2

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October 2022 Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The October applicable federal rate ("AFR") for use with a sale to a defective grantor...more

Fox Rothschild LLP

THE FORGOTTEN ASSET: Spousal Social Security Benefits

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People going through divorce experience a lot of emotional pain and it sometimes clouds their ability to address their need to emerge from the experience with a plan....more

Fox Rothschild LLP

IS CONTINGENT DEBT SUBJECT TO DISTRIBUTION? A Student Loan Guaranty Needs to be Addressed in Divorce

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A panel decision issued April 27, 2022 takes on an issue heretofore undecided in Pennsylvania but an issue of enormous consequence to many marital estates; the matter of student debt. ...more

Lasher Holzapfel Sperry & Ebberson PLLC

In re Marriage of Watanabe: Washington Divorce Law: Still No Joint Title Gift Presumption

The saying that “the beaten road is the safest” is typically associated with advice not to take unnecessary risks and to play things safe. In the law, the notion rings true for courts and their adherence to established...more

Fox Rothschild LLP

Like the Lochness Monster – A Rare Doctrine of Unclean Hands “Citing”

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The Family Court in New Jersey is a court of equity. Accordingly, old, if not ancient “equitable principles” or maxims are supposed to apply. One such maxim is that he who seeks equity must do equity. Over the course of...more

Faegre Drinker Biddle & Reath LLP

Divided Indiana Court of Appeals Issues Landmark Divorce Tax Decision

On January 26, 2021, a divided Indiana Supreme Court of Appeals decided Maxwell v. Maxwell in which the majority potentially reshapes decades of Indiana statutory and case law regarding the tax impacts of divorce and raises...more

Goulston & Storrs PC

T&E Litigation Newsletter- August 2016

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On August 4, 2016, the Supreme Judicial Court issued its highly anticipated decision in Pfannenstiehl v. Pfannenstiehl, 2016 Mass. LEXIS 591, reversing an Appeals Court decision that had been a hot topic of discussion among...more

Goulston & Storrs PC

T&E Litigation Newsletter- 9/3/15

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Massachusetts courts have issued decisions on several topics of interest, including whether a revocable spendthrift trust may properly be included in a marital estate, what happens to assets left to a named beneficiary who...more

Proskauer Rose LLP

Wealth Management Update - December 2014

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December Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The December Section 7520 rate for use with estate planning techniques such as CRTs, CLTs,...more

Allen Matkins

California Court Issues Non-Competition Order

Allen Matkins on

Covenants not to compete have been in legislative disfavor in California since 1872. This animus is currently codified at Section 16600 of the Business and Professions Code which provides that with certain statutory...more

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