Top Notch Caterer Boca Raton, Over 25 Years Experience
| Settlement Agreement Ambiguities Result in More Litigation |
| Published: July 20, 2007, 1:30 am |
| Tags: Agreements, Ambiguities, Divorce, Equitable Distribution, Marital Agreements, Stipulation Of Settlement |
| The Appellate Division in Walker v. Walker provides us with yet another lesson on the importance of carefully drafting martial agreements. In Walker, the parties, in an oral stipulation of settlement, agreed to divide a 75 acre property. The stipulation... |
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| Court Provides a Primer on Pre-Nuptial Agreements and Enforces a 40 Year Old Agreement |
| Published: July 17, 2007, 1:05 am |
| Tags: Agreements, Divorce, Equitable Distribution, Foreign Agreement, Marital Agreements, Prenuptial Agreements, Rules Of Contact Construction |
| The Appellate Division in Van Kipnis v. Van Kipnis enforced a pre-nuptial agreement which the parties entered into in France in 1965. The agreement provided that “Each spouse shall retain ownership and possession of the chattels and real property that... |
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| Statute of Limitation on Pre-Nuptial Agreements Tolled Until Divorce Action Commenced |
| Published: July 10, 2007, 11:58 pm |
| Tags: Agreements, Divorce, Equitable Distribution, Marriage, Statute Of Limitations |
| Governor Spitzer signed into law, this week, a bill amending Domestic Relations Law §250, tolling the three year statute of limitations for commencing an action or asserting a defense that arises from a pre-nuptial or post nuptial agreement until service... |
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| The Basics of Divorce and Taxes |
| Published: June 22, 2007, 12:53 pm |
| Tags: Agreements, Divorce, Equitable Distribution, Spousal Maintenance, Taxes |
| The Oklahoma Family Law Blog highlights some of the basic tax concerns that need be considered in connection with divorce. • Alimony is taxable and deductible. The person who provides alimony can claim the payments as a deduction, while the... |
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| Divorce and Taxes: How to Avoid Costly Mistakes |
| Published: June 14, 2007, 1:27 pm |
| Tags: Certified Divorce Financial Planner, Agreements, Divorce, Equitable Distribution, Taxes |
| The Wall Street Journal in an article entitled Divorce: Counting Money Gets Tougher, highlights the common mistakes made by unwary litigants. These mistakes can have dire tax consequences. Some common blunders: Dividing a stock portfolio down the middle without checking... |
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| Wife Granted $184,000,000 in Equitable Distribution |
| Published: June 6, 2007, 1:02 am |
| Tags: Divorce, Equitable Distribution |
| A wife was granted $184 million as equitable distribution after trial in a Chicago divorce action. This equitable distribution award is reported to be the largest in history. Charles Meyer reports in the Pennsylvania Law Blog that “this is a rags... |
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| How to Prevent Divorce from Destroying Your Credit |
| Published: August 1, 2007, 5:03 am |
| Tags: Equitable Distribution, Marital Agreements, Credit Card Debt, Credit Rating, Marital Debts |
| Divorce, illness and a long term disability are the most common life events that have a catastrophic effect on a person’s financial well being. All too frequently a person going through divorce watches as his/her credit rating is destroyed by... |
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| Dogs and Divorce: Pet Custody |
| Published: August 9, 2007, 12:22 am |
| Tags: Cats, Divorce, Dogs, Equitable Distribution, Pet Custody |
| When a childless couple divorces there is generally no issue of custody, except when there is a dispute about who will get custody of the four legged family members. The ABA Journal E Report features a case in which a... |
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| Bear Stock Market- Bullish on Divorce? |
| Published: August 29, 2007, 1:01 am |
| Tags: Divorce, Equitable Distribution |
| The New York Times and New York Magazine each report that the uncertain financial markets could lead to a “bull market” for divorce. The periodicals report that wealthy clients in the financial-services industry are being counseled to consider ending their unhappy marriages now, “as a way to cut losses on future payouts.” |
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| Hidden Assets and Illicit Affairs Revealed By Electronic Devises |
| Published: September 18, 2007, 12:50 am |
| Tags: Adultery, Electronic Communications Privacy Act, Electronic Discovery, Equitable Distribution, Hidden Assets, Money Laundering |
| The New York Times featured a front page story on how computers, blackberries, cell phones and other electronic devices are being used to discover adulterous relationships and hidden assets. The Mississippi Family Law Blog points out these electronic devises all leave a trail which may be discovered during the course of litigation. |
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| Hidden Assets and Illicit Affairs Revealed By Electronic Devices |
| Published: September 18, 2007, 12:50 am |
| Tags: Adultery, Electronic Communications Privacy Act, Electronic Discovery, Equitable Distribution, Hidden Assets, Money Laundering |
| The New York Times featured a front page story on how computers, blackberries, cell phones and other electronic devices are being used to discover adulterous relationships and hidden assets. The Mississippi Family Law Blog points out these electronic devises all leave a trail which may be discovered during the course of litigation. |
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| Rich and Poor Equally Unhappy in Marriage? |
| Published: October 19, 2007, 1:26 pm |
| Tags: Adultery, Divorce, Divorce Rates, Economics Of Divorce, Equitable Distribution, Maintenance, Unfaithful |
| Janet Langjahr in her Florida based divorce and family law blog, reports that money does not equate with happiness in marriage. Citing an article, The Rich and Unfaithful, in Forbes, she says that the wealthy are no happier in their marriages than the not as well off. About half of wealthy people describe themselves as unhappy in their |
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| How to Handle Gifts To One Spouse? |
| Published: November 6, 2007, 5:52 pm |
| Tags: Divorce, Equitable Distribution, Gifts, Inheritance, Marital Property, Separate Property, Transmuted Property |
| property and subject to equitable distribution. The burden shifts to the recipient spouse to prove that the property is and was separate |
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| Court Equitably Distributes Enhanced Earning Capacity and Real Property |
| Published: November 14, 2007, 10:07 pm |
| Tags: Educational Degree, Enhanced Earning Capacity, Equitable Distribution, Marital Property, Separate, Separate Property, Tracing |
| The Appellate Division in Mildy v. Mildy examined some of the factors considered in equitably distributing martial assets. In this case, the Court was confronted with the issues of equitably distributing the wife’s enhanced earning capacity and jointly held real property which was, in large part, paid for with the wife’s separate |
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| The Top Five Mistakes of Divorce |
| Published: December 6, 2007, 11:45 pm |
| Tags: Divorce, Equitable Distribution, Financial Consequences, Mistakes |
| I was quoted in an article on AOL highlighting the Top Five Mistakes to Avoid in a Divorce. According to the article, the top five mistakes are: 1. Failing to be prepared with copies of all relevant financial and legal documents;2. Failing to obtain financial advice as part of the divorce. Parties often fail to consider impact of taxes on |
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