Topic
Equitable Distribution
186 published works
Pennsylvania Family Law
Superior Court Deals Blow to “Dissipation” Theories in Equitable Distribution
A recent case published by the Superior Court gives us some insight into one issue which has thus far evaded appellate review and affirms in principle that alimony remains a…
South Dakota Appellate Reporter
April 12, 2018 Case Summaries
Ahrendt v. Chamberlain, 2018 SD 31. Divorce case where both spouses attained new jobs during the marriage, allowing them to accumulate significant assets, consisting primarily of real estate, business interests,…
The Interplay Between Bankruptcy and Divorce Law in Virginia
Does wife have a claim in husband’s chapter 7 bankruptcy case for an equitable share of the marital property before entry of the final decree of divorce?
Does wife have a claim in husband’s chapter 7 bankruptcy case for an equitable share of the marital property before entry of the final decree of divorce? Yes, in the…
Divorce: New York
Interest on Asset Payments Due Under Divorce Stipulation of Settlement
By Neil Cahn
It may be difficult to reconcile two recent decisions of the Appellate Division, Second Department, as they relate to awards of interest on delayed equitable distribution payments due under a…
Divorce: New York
IRS Innocent Spouse Relief’s Impact on Equitable Distribution in Divorce
By Neil Cahn
If the IRS determines that as between spouses only one is liable for a tax debt, should that finding be binding on a divorce court determination as to whether the…
Divorce: New York
Husband Who Left Wife and Child Awarded 1% of Wife’s Pension
By Neil Cahn
Divorce cases are supposed to have an ever-increasing set of rules. Last week’s decision of the Appellate Division, First Department, in Campbell v. Cambell demonstrates that while a judge must…
NJ Family Legal Blog
Supreme Court of New Jersey Addresses Equitable Claims and Remedies (while reinforcing a potential palimony loophole through the proverbial “black hole”)
What rights do people have to an equitable distribution of assets stemming from a period prior to the marriage itself? If there is no right to equitable distribution under those…
Pennsylvania Family Law
Equitable Distribution Orders are Not Judgments
By Aaron Weems
Recently, a case came before the Superior Court addressing the question as to whether a party has the right to charge interest on unpaid portions of an equitable distribution award.…
Divorce: New York
Maintenance Provision of Postnuptial Agreement Voided; Wife Awarded 25% of Appreciation of Husband’s Premarital Business
By Neil Cahn
In its August 24, 2016 decision in Maddaloni v. Maddaloni, the Appellate Division, Second Department, upheld the rulings of Supreme Court Suffolk County Justice Justice Carol Mackenzie that invalidated the…
Divorce: New York
Tracing One Spouse’s Pre-Marital Home Sold During Marriage To Purchase Another
By Neil Cahn
What do you do upon divorce when the home purchased during the marriage and titled in one spouse’s name was purchased using the proceeds from the sale of the home…