Separated Couples Sharing the Same Residence
November 24, 2009
Unlike any time in recent history, the slump in the economy in general, and in the housing market in particular, has had an impact on the ability of couples that decide to separate and divorce from actually following through on that plan.
Couple Cannot 'Contract Away' Child Support Duty
November 24, 2009
A New York appellate court has refused to enforce a separation agreement that allowed a father to terminate child-support payments to his ex-wife if their teen-aged son "engag[ed] in full-time employment."
When Does a Nonemployee Spouse Have a Right to the Employee's Retirement Accumulation?
November 24, 2009
Usually, when the employee spouse has interests in multiple plans, the divorce settlement will also contain a waiver or release by the non-employee spouse of his or her interests in other plans. But even if effective under state law, that does not, by itself, protect the employee's interests and those of the employee's successors.
Litigation
October 26, 2009
Recent rulings of importance to you and your clients.
NY Divorce Rule Freezes Couple's Assets Without Court Order
October 26, 2009
As of Sept. 1, divorcing couples in New York no longer need to seek a temporary restraining order prohibiting their spouse from the unauthorized spending, transfer or concealment of assets under a rule established by court administrators.
Resolving Family Matters in an Economic Crisis
October 26, 2009
While divorce lawyers cannot increase the income and assets of the party they represent, they can help clients by suggesting alternative dispute resolution (ADR) as a tool to save time and money, thus leading to satisfied outcomes for the clients.
A Proactive Approach Toward Estate Planning
October 26, 2009
Part One of this article discussed issues such as Living Wills, Powers of Attorney and guardianship. The conclusion herein addresses securing rights for the surviving spouse in a same-sex marriage.
A Proactive Approach Toward Estate Planning
September 29, 2009
Some states have legalized same-sex marriage while others recognize or grant certain rights to same-sex couples. The issue is critical and hotly debated because marriage confers certain benefits under state and federal law that are generally denied to same-sex couples. Many of these protections and benefits pertain to estate planning.
Enforcing Foreign Premarital Contracts
September 29, 2009
California's premarital agreements are significantly different from foreign marital contracts, which allow a couple to elect a regime of marriage ' for example, joint or community property regimes, a separate property regime, or a variation thereof ' depending on the country. Whether a California court will enforce a foreign marital contract may depend on whether the court applies California law or foreign law.
