Topic
Equitable Distribution
186 published works
Personal Injury Law Journal
The Most Common Family Law Issues in Workers’ Compensation
A work-related injury can have a devastating effect on a family physically, financially, and emotionally. Sometimes a family cannot recover from these stressors and they find themselves in family court…
PropertyProf Blog
Tait on Property Divisions in Same-Sex Divorces
Allison Tait (Richmond) has posted Divorce Equality (Washington Law Review) on SSRN. Here's the abstract:The battle for marriage equality has been spectacularly successful, producing great optimism about the transformation of marriage.…
Gender and the Law Prof Blog
Divorce Equality and Failure to Understand the Economic Partnership of Marriage
By Tracy Thomas
Allison Tait (Richmond), Divorce Equality, 90 Wash. Law Review (2015)Abstract:Abstract: The battle for marriage equality has been spectacularly successful, producing great optimism about the transformation of marriage. The struggle…
Wills, Trusts & Estates Prof Blog
Discretionary Spendthrift Trust Is Subject To Equitable Distribution In Divorce
In dividing property on divorce, Massachusetts is one of the very few common law marital property states that does not draw a distinction between separate and marital property. Accordingly, a…
Divorce: New York
9% Interest Rate on Equitable Distribution Payouts
By Neil Cahn
As there is no contrary statutory authority, the interest rate on a distributive award payout is 9%. So held the Second Department in its October 7, 2015 decision in Cohen…
NJ Family Legal Blog
How to divide an Island and other wedding gift questions
The BBC has recently reported that Cristiano Ronoldo, the soccer superstar, has given his agent a Greek Island for a wedding gift. While a Greek island may not be the…
NJ Family Legal Blog
Marriage: When Does it End?
The Importance of the Filing Date of the Complaint A recent unpublished decision from the Appellate Division, McNamara v. McNamara, serves as a reminder that, when it comes to marriages,…
New Jersey Law Blog
Does Equitable Distribution of a Pension Allow for Termination of Alimony Upon Retirement?
It has long been held that in order to equitably distribute a State pension (or other defined benefit pension), you apply a percentage of the coverture fraction to determine what…
NJ Family Legal Blog
THE PERILS OF NEGOTIATING THE EQUITABLE DISTRIBUTION OF A PENSION
As matrimonial lawyers, we often come across cases involving a pension that is subject to equitable distribution. While New Jersey's equitable distribution statute involves several factors for consideration in dividing…
Divorce: New York
Separate Property Credit Granted For Home Down Payment, But Sale of Home Delayed For 10+ years
By Neil Cahn
In its January 8, 2015 decision in Albertalli v Albertalli, the Appellate Division, Third Department, upheld the granting of a separate property credit to a husband for the contribution of…