Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Marital Residence: A Complex Financial Asset

BY Carl M. Palatnik
September 01, 2003

In the article “Thinking About Settlements: Should Retirement Plans Be Discounted for Taxes?” published in the June issue of New York Family Law Monthly, I explained that retirement plans are complex assets, comprised of both tax-deferred (asset) and taxable (liability) components. Because of this complexity, I explained that the true value of these assets is context-dependent and closely tied to the financial situation of the ultimate owner. Attempting to divide these assets equitably in the one-dimensional environment of the yellow legal pad is not without peril.

Tax-Free and Tax-Deferred Compounding

The marital home, often the second financial centerpiece of a marriage, is also a complex asset that must be divided in the context of the overall division of other assets and income. Under current law, assuming certain conditions are met, an individual can exclude from taxation up to $250,000 in profit on the sale of the marital home ($500,000 if remarried). In addition, any profit (capital gains) over and above this amount, if subject to taxation at all, is usually taxed by the Federal government at the low rate of 15%.

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.