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Category Archives: Estate and Trust Issues

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THE GRAY DIVORCE AND ITS EFFECTS ON YOUR EX’S SOCIAL SECURITY BENEFITS

Posted in Alimony, Divorce, Equitable Distribution, Estate and Trust Issues, Interspousal Agreements, Practice Issues, Property Settlement Agreements

Several weeks ago, I wrote a blog post about “The Gray Divorce” phenomenon now sweeping the nation.  As I highlighted in my blog post, whereas the divorce rate among those 50+ was only 10% in 1990, it is now a staggering 25%. While certainly an interesting statistic and perhaps a telling sociological commentary on the… Continue Reading

DIVORCE RESOURCE: NEVER UNDERESTIMATE THE VALUE OF EXPERTS

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Estate and Trust Issues, Practice Issues, Property Settlement Agreements, Resources, Visitation/Parenting Time

Last week, I blogged about the Information Asymmetry and how important it is for you to educate yourself going in to the divorce process so that you can meaningfully assist your attorney with your case.  But what about your attorney? And what about your Judge?  Isn’t it important for them to also be as informed… Continue Reading

THE GRAY DIVORCE: BABY BOOMERS FLOCKING TO DIVORCE COURT IN DROVES

Posted in Divorce, Equitable Distribution, Estate and Trust Issues, Practice Issues, Prenuptial Agreements, Property Settlement Agreements, Resources

Baby Boomers have always been trendsetters.  They were the first generation to rock out to bands such as the Beatles and they were the generation that was on the front lines of the feminist and civil rights movements.  Baby Boomers are culturally associated with rejection and redefinition of traditional values. And holding true to their… Continue Reading

THE INFORMATION ASYMMETRY AND THE DIVORCE PROCESS: AN UNLIKELY PAIR

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Estate and Trust Issues, Interspousal Agreements, Mediation/Arbitration, Modification, Practice Issues, Prenuptial Agreements, Property Settlement Agreements, Tax Exemption, Visitation/Parenting Time

What do divorce and economics have in common?  Well, a lot. But today I am focusing on the unlikely link between the theory of information asymmetry – which deals with the study of decisions in transactions where one party has more or better information than the other – and the New Jersey Divorce App.  … Continue Reading

Tracking Finances: There’s a (New Jersey Divorce) App For That.

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, Cohabitants' Rights, College, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Estate and Trust Issues, Interspousal Agreements, Mediation/Arbitration, Modification, Other, Practice Issues, Prenuptial Agreements, Privacy and Confidentiality, Property Settlement Agreements, Resources, Tax Exemption, Uncategorized

Oftentimes I hear from clients that gathering their financial information is the most daunting task they will face during the divorce process. They picture being buried in an avalanche of documents, account numbers and canceled checks. The New Jersey Divorce App’s Finance Tracker can help.  In fact, I have recommended it to my clients before,… Continue Reading

Ongoing Child Support for a Special Needs Child and Creation of a Special Needs Trust

Posted in Child Support, Estate and Trust Issues

Today, the New Jersey Supreme Court rendered an opinion discussing whether the creation of a Special Needs Trust for an adult disabled child may be used to eliminate direct child support payments to the custodial parent and whether a guardian ad litem should be appointed on behalf of the child when litigation ensues under these… Continue Reading

Read Mark Ashton’s Interesting Post Entitled “Qualified Personal Residence Trusts: Are These Homes Subject to Claims In Equitable Distrubtion”

Posted in Equitable Distribution, Estate and Trust Issues

Mark Ashton, a partner in our Exton (Chester County, PA) office and former editor of our Pennsylvania Family Law Blog, wrote a very in depth and interesting post entitled "Qualified Personal Residence Trusts:  Are These Homes Subject to Claims in Equitable Distribution", on that blog. Mark discusses how an estate planning tool called a Qualified… Continue Reading

To Trust or Not

Posted in Estate and Trust Issues

A recent matrimonial case points out the difficulties of when one party to a divorce is the beneficiary of one or more trusts. In Tannen v Tannen, a recent published case from the Appellate Division, the wife was the beneficiary of a trust established by her parents. She was the sole beneficiary and was also… Continue Reading

Tannen Continued: Income from Discretionary Trust Not Income, But Does it Reduce Need?

Posted in Alimony, Child Support, Divorce, Estate and Trust Issues

While the Appellate Division’s in the case of Tannen v. Tannen (addressed in another blog by Larry Cutler), primarily ruled that income paid to the divorcing wife as the beneficiary of a discretionary trust (the “WTT”) cannot be considered an asset available to fund alimony, that discussion naturally begged the question which was addressed in… Continue Reading

Show me the Documents

Posted in Equitable Distribution, Estate and Trust Issues, Practice Issues, Property Settlement Agreements

A recent case was filed concerning a woman who entered into a Marital Settlement Agreement with her then husband in which the marital home was not to be sold immediately, but provided for how the proceeds would be distributed when it was. The Husband, however, was in poor health, and the agreement did not provide for… Continue Reading

DIVORCE FOR THE WELL-TO-DO

Posted in Alimony, Divorce, Equitable Distribution, Estate and Trust Issues, Mediation/Arbitration, Prenuptial Agreements, Privacy and Confidentiality

As seen in Affluent Magazine. Divorce for those of substantial wealth relative to those of limited wealth is an oxymoron – aspects of divorce between the two classifications are both similar and yet quite different. In final analysis, it is a question of degree – that is, the number of zeros behind the dollar signs…. Continue Reading