Let's Talk About the Anatomy of a Prenuptial Agreement
Law Brief®: Rich Schoenstein and Morghan Richardson Discuss Trends in Divorce and Custody
The $6 Million Wedding
Asset Protection 101: Are You and Your Family Protected from Litigation, Creditors, and Divorce?
Digital Planning Podcast: Digital Assets in Divorce, Prenuptial and Postnuptial Agreements, Families and Minors
Estate Planning & Family Law: How To Protect Your Assets For Future Generations
Protecting Separate Property in Arizona: Basic Principles
The legalization of same-sex marriage in the United States in 2015 with the landmark Obergefell v. Hodges decision marked a monumental step toward equality. However, the journey does not end with marriage; LGBTQ couples face...more
While second marriages represent a fresh start and an exciting journey, consider the potential financial and legal outcomes before you re-tie the knot. A prenuptial agreement (prenup), a contract that outlines both spouses’...more
The April 2025 Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 5.00%, which is 0.40% less than the March 2025 rate. The April applicable federal rate (“AFR”) for use with a...more
While marriage and cohabitation agreements are great financial planning tools increasingly used by parties wishing to tailor their obligations and responsibilities following separation, the recent case of Bradley v. Callahan,...more
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
We all remember “The Brady Bunch” — the picture-perfect story of two families seamlessly coming together under one roof, complete with a catchy theme, and every conflict resolved neatly in 22 minutes. But in reality, blending...more
When the Supreme Court made its landmark decision in Obergefell v. Hodges in 2015, same-sex couples across the country gained the right to marry. But with recent shifts in the legal landscape, such as the overturning of Roe...more
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
Engagement season is a time of joy and excitement, as couples celebrate their love and plan for a future together. Amid the whirlwind of wedding planning, one practical step that can strengthen your partnership is creating a...more
In recent years, the headlines have tracked the news of high-profile breakups among business partners in private companies. These business partner fallouts include: - 2023: Sam Altman was ousted as Open AI CEO (for...more
For many divorce attorneys, the busy season starts after the first of the year. Since practically the inception of this blog, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this...more
Divorce is often an emotionally charged and challenging experience. Beyond the personal heartbreak that may be involved, the legal and financial aspects can feel overwhelming. One of the most difficult tasks in the divorce...more
Marital estate rights create the potential for catastrophic consequences should a spouse pass away at a time when the parties are physically separated but have not yet signed a separation agreement or been granted a divorce....more
It is becoming increasingly more common for modern couples, either before or during their marriage, to execute a written legal contract with the goal of protecting the separate interests of either partner in case of divorce,...more
Generally, under New York EPTL 5-1.1-A, if a decedent is survived by a spouse, a right of election is given to the surviving spouse to take a share of the decedent's estate “equal to the greater of (i) fifty thousand dollars...more
Many people associate the word “prenup” with celebrities or the rich and famous, and it’s possible that the only time a person has heard anything about prenuptial agreements is in music or the movies. The truth is that anyone...more
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
Money talks when the majority owners of private companies add new business partners who contribute additional capital. When these investors are high-powered PE firms or high-profile companies, with large balance sheets and...more
Business divorces take place in all types of private companies, including those owned and operated by family members. But families that are willing to engage in thoughtful planning can head off some of the internal conflicts...more
The Wall Street Journal recently published an article involving a scenario that—while significant and possibly worst-case—may be more common than you may think. Specifically, the article describes a scenario under which...more
Prenuptial and postnuptial agreements may be associated with celebrities and extremely wealthy individuals – but they’re for everyone! In fact, a 2023 poll by Axios/Harris found that over 50% of American adults polled said...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
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