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Marital Assets Spouses Estate Planning

Dickinson Wright

The Hazards of Not Changing Beneficiaries Post-Divorce

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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

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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

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

Lewitt Hackman

Second Marriage Prenup: Protecting Your Assets and Loved Ones

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While second marriages represent a fresh start and an exciting journey, consider the potential financial and legal outcomes before you re-tie the knot. A prenuptial agreement (prenup), a contract that outlines both spouses’...more

Stark & Stark

The Omitted Spouse Claim Against an Estate

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Despite an intention to add a spouse or domestic partner to their Will, at times a decedent may neglect to do so prior to his/her death. Under such circumstances, however, a surviving spouse or domestic partner may be...more

Offit Kurman

The Dos and Don’ts of a High-Asset Divorce

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Divorce is not easy, and when substantial assets are involved, the process becomes even more complex. High-asset divorces should be approached with the goal of fairness and financial security for the family.  I’ve compiled...more

Levenfeld Pearlstein, LLC

Keeping Romance Alive in Premarital Planning

Each year, “proposal season” begins around Thanksgiving and ends on Valentine’s Day. Then the planning begins — the date, the venue, the guests — and, for many couples, a premarital agreement....more

DarrowEverett LLP

The Effect of Choice of Law Provisions in Prenuptial Agreements

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When wedding bells are ringing, the last thing most couples want to think about is the possibility of death or divorce. However, for those entering long-term relationships or preparing for marriage, prenuptial agreements can...more

Bowditch & Dewey

Beniffer is benefinished…and didn’t have a prenup!

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Prenuptial agreements are not just for celebrities, but the messiness that follows a celebrity divorce filing often puts prenuptial agreements in the spotlight. Here are five reasons why Ben Affleck and Jennifer Lopez (J-Lo)...more

Lerch, Early & Brewer

Why Do Couples Need Prenuptial Agreements?

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The case for couples to get (or at least strongly consider) a prenuptial agreement is simple: it is much easier to get into a marriage than it is to get out of one. ...more

Fox Rothschild LLP

Managing Das Haus in a Second Marriage Estate Plan

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So, you have remarried. Perhaps it has been 30 months; maybe 30 years. When you got together the guy/girl moved into your crib. It’s always been titled in your name and it’s the house you got in your divorce from No. 1. Now...more

Kohrman Jackson & Krantz LLP

What You Need to Know About Prenuptial Agreements: Part 2 – Considerations Before Entering into a Prenuptial Agreement

Prenuptial agreements (or “Prenups” as they tend to be referred to colloquially) tend to have an unfair reputation as a societal matter. Indeed, it’s not uncommon for critics of prenuptial agreements to view them as the most...more

Fox Rothschild LLP

Appellate Division Holds that Newly Enacted Statute to Close the Black Hole Applies Retroactively

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Last week, I blogged about the new statute that closed the block hole that existed when a party who held most or all of the assets died during while a divorce was pending. Specifically, the new statute permits the court to...more

DarrowEverett LLP

Time to Step Up? Florida’s Community Property Trust Act Worth A Look

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Unknown to many Floridians, Florida enacted the Community Property Trust Act which went into effect on July 1, 2021, and established the ability to convert non-community property into community property. The community...more

Kerr Russell

Recently Married? Consider These Steps To Protect Your Future

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In Michigan, the process for an individual to take their spouse’s last name is fairly simple, but does require taking action with both the Social Security Administration (SSA) and Michigan Secretary of State. The first...more

Fox Rothschild LLP

Divorce Ambivalence Can Come at a Hefty Price

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When I first read the precedential ruling of the Pennsylvania Superior Court in Shell v. Shell, I really didn’t find it noteworthy enough to write about. This is a case where a spouse discovered that her husband was moving...more

Cole Schotz

Saying “I DO” Again – Top Eight Issues to Consider Before Taking Your Next Trip Down the Aisle

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Most people are aware of the statistic that 50% of marriages end in divorce, and the statistics for divorces in second marriages are even higher with a rate of 70%. Often with second marriages, couples will have to address...more

Kohrman Jackson & Krantz LLP

Major Shift in Ohio Law Now Permits Postnuptial Agreements

In a major shift in Ohio law, Ohio spouses are now legally permitted to enter into postnuptial agreements as of March 23, 2023. After a long history (more than 130 years) of rejecting postnuptial agreements, Ohio joins 48...more

Ward and Smith, P.A.

Whose Business is it Anyway? A Business Succession Case Study

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Three Ward and Smith attorneys provided an overview of succession planning, estate planning, divorce, and the separation of assets. The seminar — A Business Succession Case Study — used an interactive presentation and a...more

Stange Law Firm, PC

Have You Changed Your Beneficiary Designations After Divorce?

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After a party completes their divorce, there are often many things that they need to do to finalize matters. However, one item that many overlook is changing their beneficiary designations after divorce to remove their...more

Kohrman Jackson & Krantz LLP

Special Considerations For Divorces Involving Middle-Aged And Older Americans: Part 2

PART 2: DIVISION OF ASSETS AND DEBTS, RETIREMENT BENEFITS, AND ESTATE PLANNING MATTERS - As discussed in Part One of our two-part series detailing the social phenomenon know as “grey” divorce, a number of recent studies,...more

Lowenstein Sandler LLP

The $6 Million Wedding

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Prenuptial agreements: A trusts and estates lawyer and a divorce attorney discuss prenuptial agreements to explain why estate planning deals with all parts of your life—not just the end of it. Speakers: Warren Racusin,...more

Proskauer Rose LLP

Wealth Management Update - October 2021

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October 2021 Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - Federal interest rates increased slightly for October of 2021. The October applicable...more

Ruder Ware

Protecting Your Inheritance

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So you’ve received an inheritance and you’re married. The person who left you the inheritance probably intended for it to benefit you, not your spouse, if you get divorced. How do you protect the inheritance?...more

Shutts & Bowen LLP

The Importance of Regular Check-ups for a Healthy Estate Plan

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After creating and implementing a plan for your estate, it is important to regularly revisit your plan to ensure that it is still reflective of your values and goals for passing along your legacy. Seemingly small changes in...more

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