Last week, I blogged on the A.J.V. v. M.M.V. case, specifically, regarding the retroactive application of a savings component. As noted in the post, there was an interesting treatment of
Continue Reading How is Deferred Compensation that is Granted Pre-Complaint, but Vests Post-Complaint, Divided?
I’m Not a Cat, But Can I Get Divorced Over Zoom Anyway?
One thing this pandemic has taught me about my fellow lawyers: we are adaptable.
Just take the lawyer trapped in a cat filter as an example. Despite his adorable faux
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Mistakes Happen: How the Law Treats Mistakes in Marital Settlement Agreements
We made too many wrong mistakes. –Yogi Berra
What happens when you make a mistake? You correct it and move on.
What happens when you make
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New Reported Decision Confirms that Partition Remains an Equitable Remedy for Unmarried Cohabitants Without a Writing Despite 2010 Palimony Amendment
A new reported trial court decision, S.N. v. C.R.was released today, confirming that the remedy of partition is still available when non-married parties purchase a home together and there
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Prenuptial Agreement and Full Financial Disclosure Withstands Marriage Ending by Death and Not Divorce
Most of our cases dealing with enforceability of prenuptial agreements stem from marriages that end by divorce and involve one party seeking to enforce the agreement and the other party
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Coronavirus Creates Estate Planning Opportunities – Divorce Too?
Over the last several weeks, via emails, attending webinars and otherwise, I have frequently heard that the coronavirus may create significant estate planning opportunities. In fact, while writing this post,
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When Dividing Deferred Compensation – Say What You Mean and Mean What You Say – To Avoid Future Litigation
It is not unusual for deferred compensation (eg. stock options, restricted shares, RSU, REUs, and a whole host of others) to be addressed in marital settlement agreements, either as assets
Continue Reading When Dividing Deferred Compensation – Say What You Mean and Mean What You Say – To Avoid Future Litigation
Does the Marital Lifestyle Matter When it Comes to Enforcing a Pre-nuptial Agreement?
A recent unpublished (non-precedential) decision, Steffens v. Steffens, suggests that the answer to the above question is “no.”
In Steffens, the Wife sought to set aside a prenuptial agreement,
Continue Reading Does the Marital Lifestyle Matter When it Comes to Enforcing a Pre-nuptial Agreement?
Do I Have To Divide the Inheritance I Received During My Marriage?
An issues that frequently arises is the treatment of an inheritance received by a spouse during the marriage. The basic rule is that any property received via gift or inheritance
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So, You Think You Don’t Have to Share That Inheritance?
One of the more complex issues we see when addressing alimony and equitable distribution relates to inherited assets and the money (distributions, investment experience, interest, etc.) that emanates from them.
Continue Reading So, You Think You Don’t Have to Share That Inheritance?