Let's Talk About the Anatomy of a Prenuptial Agreement
Advancing Agriculture: Security Interests and Article 9 Challenges (Part 2)
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
When you are going through a divorce, one of the first documents you will review (and if you have not, you should) are the automatic orders that accompany any complaint. ...more
Who keeps the engagement ring when the knot is never tied? A new answer to this age-old question may be coming to Massachusetts as the Supreme Judicial Court considers the case of Johnson v. Settino. The engagement ring at...more
When wedding bells are ringing, the last thing most couples want to think about is the possibility of death or divorce. However, for those entering long-term relationships or preparing for marriage, prenuptial agreements can...more
Prenuptial agreements are not just for celebrities, but the messiness that follows a celebrity divorce filing often puts prenuptial agreements in the spotlight. Here are five reasons why Ben Affleck and Jennifer Lopez (J-Lo)...more
The case for couples to get (or at least strongly consider) a prenuptial agreement is simple: it is much easier to get into a marriage than it is to get out of one. ...more
Every divorce matter in Massachusetts subjects both parties to Probate and Family Court Supplemental Rule 411, entitled “Automatic Restraining Order.” Rule 411 provides that neither party “shall sell, transfer, encumber,...more
When it comes to protecting assets and establishing financial arrangements between spouses, two types of legal agreements come into play: prenuptial and postnuptial agreements. While both serve similar purposes, there are...more
Couples who live in more than one place may be able to choose where to divorce and, perhaps significantly, change the outcome. Divorce law is state-specific, meaning that the laws in each jurisdiction vary. Generally,...more
Because of the blog’s topic, we are fed a lot of reported news on the state of marriage and divorce in 21st century America. Three topics seem to be headlining this week, the inconsistency of which is baffling. 1.There is a...more
Pennsylvania law, as currently written, does not have any special provisions for pets when their owners get divorced. Even though many individuals consider pets as children, Pennsylvania courts do not. ...more
One of the things young lawyers are taught when they begin to practice is that law school offers no training in how to manage client expectations. When clients search for lawyers they typically do so expecting justice and to...more
Early in this writer’s career lawyers used to have to be careful about possible capital gains tax on the sale of a personal residence. Before 1997 the exclusion was $125,000 per spouse and $250,000 if the taxpayers filed...more
Frequent readers of the Divorce Law Monitor may recall a previous post “We’re Divorcing – Who Keeps the Pet?” This follow-up post discusses an opinion handed down this month by the Appeals Court, which, while it likely will...more
There are some fascinating topics related to divorce swimming out there in the electronic world. And one we just saw is a new phenomenon where couples are deciding it’s over in every sense except the official one called...more
It has long been disputed whether alimony paid from one spouse to another should allow the recipient to save for a rainy day. The Supreme Judicial Court of Massachusetts weighed in on that issue for the first time on March 7,...more
Whether you are getting married or divorced, it is helpful to understand what will happen to the assets and liabilities that you have or had at the time of marriage. This is because assets and liabilities that you have...more
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
Divorce is rarely, if ever, a happy process. The fundamental disagreements that lead a spouse to file for divorce may create chronic distrust and animosity. The additional conflicts spawned during a lengthy pretrial process...more
Many of my clients worry about raising the idea of a prenuptial agreement with their fiancé/fiancée because of the anticipated response and what it “says” about their relationship. Whether or not a couple enters into a...more
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
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
An engagement ring can be a powerful symbol of love and affection—but that sparkly rock can also empty out your bank account in a hurry. So, if your generous gift doesn’t precede a trip down the aisle or a lifelong marriage,...more
One of the most heartbreaking situations for any spouse is the discovery that their spouse has been carrying on an affair. Worse still is discovering that the spouse has been spending income or assets that would otherwise be...more
Pennsylvania has specific requirements when it comes to a prenuptial agreement. This agreement dictates certain things before you get married that aim to protect both parties. Family Law partner John Zurzola explains the...more