News & Analysis as of

Spouses Appeals Family Law Courts

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

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

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

Fox Rothschild LLP

Appellate Division Addresses Termination of Alimony at Retirment, Focusing on Whether Recipient Had or Could Have Saved for...

Fox Rothschild LLP on

Even before the alimony statute was amended in 2014, there was a misconception that permanent alimony was actually permanent and could not be modified under any circumstances. I heard that tired argument many times despite...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

Stange Law Firm, PC

Does it make sense to appeal?

Stange Law Firm, PC on

Some divorce and family law matters do not settle. Instead, the case is tried in the family court. Putting the case in the hands of a family court judge can be a risky proposition. Most parties would prefer to settle...more

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