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property division Archives

Division of marital property: interspousal gifts and the issue of donative intent, P.2

Previously, we began looking at the issue of donative with respect to interspousal gifts. In determining whether a spouse had donative intent, in cases where this is in dispute, courts need to make sure there is enough evidence to support such a finding. In the decision we began looking at last time, the trial court sided with the husband--that the properties were separate.

How can an attorney help ensure an effective family mediation? P.2

Previously, we began looking at the topic of family mediation, and how an attorney can help make sure the process is as effective as possible. As we pointed out last time, one thing an experienced attorney will do to make sure the process is productive is to gather as much information as possible in the discovery process. This ensures that there is a sufficient factual basis on which to conduct negotiations.

How are firearms divided in divorce?

For some Floridians, firearms are part of a way of life and a significant amount of money is tied up in firearms collection. For these folks, divorce can present issues not only in terms of dividing the value of firearms between the couple, but also when allegations of domestic violence come into play.

Dividing retirement funds in divorce: looking at QDROs, P.2

We mentioned last time that an important tool in handling retirement assets in divorce is the qualified domestic relations order (QDRO). In addition to the requirements we mentioned last time, there are several negative requirements for these orders.

Dividing retirement funds in divorce: looking at QDROs, P.1

In our last post, we began looking at the issue of dividing retirement assets in divorce. As we noted, unless a spouse is named as a beneficiary or the state of divorce considers funds contributed to the account during the marriage to be marital property, the non-holding spouse’s only option is to negotiate for a share of the funds.

Work with experienced attorney to sort out retirement funds during divorce

Property division is an important aspect of divorce, particularly in cases where significant assets are at stake and one party may be at a significant financial disadvantage compared to the other party in terms of post-divorce financial health. One area where couples can have significant assets built up is retirement accounts, whether 401(k)s, IRAs, or types of accounts.

Protecting business assets from divorce an important task

Being in business for oneself is a lot of work, and a lot of planning needs to be done to protect a business. Managing liabilities is especially important, and this includes both financial liabilities and legal liabilities. It can also include liabilities stemming from divorce.

Keep Bitcoin, other cryptocurrencies in mind in property division proceedings

Hiding marital assets in Bitcoin, as we mentioned in a recent post, is one of the strategies some married people are using to keep assets from being entered into property division in divorce. For readers who are unfamiliar with the term, Bitcoin refers to a “peer-to-peer electronic cash system,” as its inventor has defined it.

Tracking down assets hidden overseas: tax documents can help, but work with experienced attorney

In recent posts, we’ve highlighted the importance of working with an experienced attorney to make full use of the discovery process in divorce to ensure that a spouse doesn’t get away with hiding assets. Again, this is a particularly important issue for couples with significant wealth, and especially for the financially weaker party, who stands to lose more from a spouse’s asset-hiding.

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