News & Analysis as of

Marital Assets Divorce

Lewitt Hackman

California Code 2951: New Rules for Mortgages in a Divorce

Lewitt Hackman on

One of the most challenging aspects of asset division in a California divorce is dividing mortgage loans. Deciding which spouse will stay in the home is a challenge, but handling the mortgage adds another layer of complexity....more

Lerch, Early & Brewer

“Where Did the Money Go?” Dissipation of Marital Assets in DC and Maryland

Lerch, Early & Brewer on

Divorce is never easy, but the stress escalates when marital money suddenly goes missing. If your spouse suddenly drains a joint account, buys luxury items, or spends large amounts of money without your knowledge, you...more

Offit Kurman

Can You Start Dating While Divorcing? Legal and Personal Considerations

Offit Kurman on

When couples agree to divorce, one of the first questions that is often asked is: “Can I start dating?” The simple answer is yes you can, but there are things to keep in mind. Even after you’ve filed for divorce, you are...more

Offit Kurman

Who Controls the Money Doesn’t Control the Divorce

Offit Kurman on

It’s very common in a marriage for one spouse to earn most of the income or handle all the financial decisions. But when divorce happens, the spouse who hasn’t managed the money often feels anxious or powerless. The good news...more

Mandelbaum Barrett PC

The Black Hole: Navigating the Passing of a Spouse During a Divorce

Mandelbaum Barrett PC on

In a recent vlog, Xena A. Balcazar, an associate in the Elder, Matrimonial and Family Law Practice Groups at Mandelbaum Barrett PC, discusses a longstanding legal ambiguity in matrimonial law: what occurs when a spouse passes...more

Lewitt Hackman

My Ex Dies During or After our Divorce, What Now?

Lewitt Hackman on

Divorce is usually not top of mind when couples envision living happily ever after. But it can be a financially strenuous and mentally stressful potential outcome of marriage. A spouse’s death during this process adds another...more

Cozen O'Connor

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

Cozen O'Connor on

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

Davidoff Hutcher & Citron LLP

Divorce & Family Law – FAQs

Q: Why should I consider a prenuptial agreement? A: You should consider a prenuptial agreement to protect your assets, fix your financial obligations and protect your rights in the event of divorce or death. A prenuptial...more

Saiber LLC

From Coldplay to Courtroom: Legal Lessons from a Viral Cheating Scandal

Saiber LLC on

By now, most of us are aware of the viral cheating scandal caught on camera at a Coldplay concert. If you are having an extramarital affair, I can tell you what not to do - don’t go to a public arena with thousands of people,...more

Lewitt Hackman

California Divorce Guide to the Coldplay Concert Scandal

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Whether it is drug addiction, financial issues, a lack of communication, or your spouse caught swaying with their coworker at a Coldplay concert on the kiss cam, there are numerous reasons why a married person would want a...more

Ius Laboris

Pensions on Divorce: Practical Hurdles and the Gender Pension Gap

Ius Laboris on

The UK pension sharing system often results in poor outcomes for divorced women due to its complexity and low uptake. Practical issues like timing delays, unresponsive ex-spouses, and fluctuating pension credit values further...more

Saiber LLC

China Just Changed Divorce Forever - And It’s Stirring Global Controversy

Saiber LLC on

China's revised divorce law, effective February 1, 2025, introduces significant legal changes aimed at reducing impulsive divorces and reinforcing family stability. While the law applies only in China, it offers important...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

Conyers

Prenuptial and Postnuptial Agreements in the Cayman Islands

Conyers on

A prenuptial agreement is a contract entered into by prospective spouses before marriage, outlining how their assets, debts, and other financial matters will be handled in the event of divorce. A postnuptial agreement is a...more

Cozen O'Connor

Case Spotlight: Schrader v. Schrader and Setting Aside Separation Agreements

Cozen O'Connor on

In Schrader v. Schrader, 2025 BCCA 50 (Schrader v. Schrader), Mr. Schrader argued that his ex-spouse was bound to a previously agreed separation agreement. The BC Court of Appeal rejected Mr. Schrader's argument and upheld...more

Bradley Arant Boult Cummings LLP

When Saying Goodbye Is Not Forever: Ex-Spouses Who Continue as Business Partners After Divorce

When a married couple enters into a divorce proceeding, they generally expect to end things in a final decree that fully divides all of their marital assets. But when they fully own or have a large interest in a closely held,...more

Fox Rothschild LLP

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

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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

Pullman & Comley, LLC

Can’t We All Just Get Along? – Choosing to Litigate Your Family Matter Does Not Mean Trial Is Your Only Option

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Your spouse, former spouse, or former partner comes to you and proposes that you resolve your divorce, financial, or custody dispute through the Collaborative process (a formal arrangement to resolve your matter without any...more

Ervin Cohen & Jessup LLP

Receiver Selling Property Outside The Jurisdiction Of The Receivership Court

Q: I am a California state court receiver in a family law case. The divorcing couple owns property in Virginia and Michigan. I know, generally, that in order for me to sell the property I would have to be appointed ancillary...more

Jaburg Wilk

Do I Need a Prenuptial Agreement?

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Thinking about a prenup? State Bar of Arizona Board Certified Family Law Specialist Mitch Reichman explains why a prenuptial agreement is a smart move if you have assets. Find out how prenups can be customized to fit your...more

Warner Norcross + Judd

Heir Tight: Locking Down the Legacy

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A child’s wedding is an exciting and deeply meaningful milestone for any parent. It also marks a period of significant change, not only in your child’s life but in your own as well. As with any major life transition, it is...more

Offit Kurman

Insulate Your Marriage From Problems Online

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The Greek philosopher Socrates once said, “When the debate is lost, slander becomes the tool of the loser.” He was lucky he didn’t live in the age of Facebook. Thanks to the vast social network, it has never been easier to...more

Stange Law Firm, PC

Is the real estate assessor’s value accurate?

Stange Law Firm, PC on

In a dissolution of marriage, the value of the marital home is often a significant issue. For some marriages, the marital home may be the most valuable marital asset. Determining the value of the marital home is crucial...more

Saiber LLC

Thinking About Divorce? Here's How to Prepare

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We commonly think of divorce as a legal process that ends a marriage and restructures the legal responsibilities between spouses. However, it is also a major emotional and financial transition....more

Weber Gallagher Simpson Stapleton Fires &...

From White Smoke to White Dresses: Why Prenups Belong in Wedding Planning

As people await the much anticipated white smoke to appear for the selection of the new Pope, another anticipated event comes around this time of year. Wedding season is upon us, and although most couples feel a conclave of...more

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