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Cozen O'Connor

When Is Equal Property Division Unfair in BC? Court of Appeal Offers New Guidance

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The BC Court of Appeal decision in Dignard v Dignard, 2025 BCCA 43, gave clarity as to what considerations are needed when deciding whether an equal division of property would result in significant unfairness. The Court...more

Dickinson Wright

The Hazards of Not Changing Beneficiaries Post-Divorce

Dickinson Wright on

A recent case by the Tennessee Court of Appeals highlights the importance of changing one’s insurance and retirement policy beneficiaries after divorce. This is true no matter what the divorce documents say and no matter what...more

Fox Rothschild LLP

When a Prenuptial Agreement Says “Waiving All Rights”, It Really Does Mean Waiving All Rights

Fox Rothschild LLP on

Too often, litigants (and sometimes attorneys) treat prenuptial agreements as documents that either don’t have to be followed and/or should be attacked as a matter of course to try to get the party who entitlements are...more

Cozen O'Connor

BC Court of Appeal Clarifies the Appropriate Approach to Tracing Co-Mingled Property

Cozen O'Connor on

In the recent case of Mills v. O’Connor, 2025 BCCA 34, the BC Court of Appeal offered some fresh insight on the relatively new and unsettled area of tracing property under the Family Law Act (the FLA). Under the FLA, the...more

McGlinchey Stafford

Fifth Circuit Erie-Guess Excludes Retirement Accounts from Spousal Restitution Garnishment

McGlinchey Stafford on

On December 30, 2024, the U.S. Court of Appeals for the Fifth Circuit reversed and remanded a ruling from the U.S. District Court for the Southern District of Mississippi that concerned the denial of Appellant’s motion to...more

Conn Kavanaugh

Massachusetts Appeals Court Sheds Light on Double-Dipping in Trethewey v. Trethewey Divorce Settlement

Conn Kavanaugh on

While it is standard practice that an asset will be valued and divided in a divorce, what happens when the same asset that was divided between spouses is also used to generate income for support? In such divorce cases, a...more

Goulston & Storrs PC

T&E Litigation Newsletter - December 2016

Goulston & Storrs PC on

The last several weeks have brought us two decisions in which issues of family law intersected with T&E issues. First, the decision in Heystek v. Duncan, Case No. 15-P-1201, 2016 Mass. App. Unpub. LEXIS 1113 (Nov. 21,...more

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