Two-year suspension for attorney who helped client break into her former home 
Published: March 13, 2013
Tags: attorney discipline, divorce, suspension
After being caught on a surveillance video while helping a client break into the home of her estranged husband, a New Mexico attorney had his license suspended for two years.
Trust distributions may be divided in divorce
Published: February 25, 2013
Tags: divorce, property division, trusts
Distributions that a husband received from a charitable trust could be treated as marital property subject to division in his divorce, the South Carolina Supreme Court has ruled in affirming judgment.
Tax consequences should be weighed in divorce
Published: February 15, 2013
Tags: alimony, child support, divorce, taxation
The potential federal tax consequences facing a husband should have been considered in determining whether he was entitled to a modification of the alimony provisions in his divorce decree, Massachusetts’ highest court has ruled in reversing judgment.
Does federal law preempt state life insurance action?
Published: January 11, 2013
Tags: beneficiary designation, divorce, Federal Employees' Group Life Insurance Act, federal preemption, U.S. Supreme Court
The U.S. Supreme Court has agreed to decide whether a state law allowing a cause of action to recover a life insurance payment after its distribution is preempted by federal law.
‘Hold harmless’ clause in divorce decree enforceable
Published: January 10, 2013
Tags: divorce, hold harmless clause, mortgage
A husband could recover damages for his former wife’s violation of a “hold harmless” clause in their divorce decree, the Utah Court of Appeals has ruled in reversing judgment.
Divorce obligation can’t be discharged in bankruptcy
Published: January 2, 2013
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, Bankruptcy Code, BAPCPA, Chapter 7, divorce, U.S. Bank
A divorced man’s obligation to pay off a marital debt in the form of a line of credit was not discharged in his bankruptcy case, the Missouri Court of Appeals has ruled in reversing judgment.
Benchmarks: Retiree risks alimony due to ‘cohabitation’
By:
Pat Murphy
Published: December 18, 2012
Tags: alimony, cohabitation, divorce
Ozzie and Harriet would faint dead away at the living arrangements practiced by both young and old in this new century. But for divorce attorneys, the question often becomes whether a client’s pairing with another individual has crossed the line into “cohabitation,” jeopardizing hard-won alimony.
Last week, one state high court ruled that a retiree could lose her alimony, notwithstanding that fact that she and her boyfriend maintain separate residences and independent lives.
Employer reimbursement didn’t increase child support
Published: November 9, 2012
Tags: child support, divorce, health insurance
Amounts that an employer reimbursed a divorced employee for his health insurance should not have been used to increase his child support obligation, the Georgia Supreme Court has ruled in reversing judgment.
Divorce did not automatically revoke insurance benefit
Published: October 30, 2012
Tags: beneficiary designation, divorce, life insurance, revocation
A life insurance policy taken out during a marriage that named the spouse as beneficiary is not automatically revoked upon the divorce of the parties, the Utah Court of Appeals has ruled.
Wife’s secret money stash constituted ‘egregious fault’ in divorce
Published: October 26, 2012
Tags: alimony, divorce, fault
A wife who secreted away almost $350,000 from the couple’s business committed egregious fault obviating a mandatory alimony award, the New Jersey Appellate Division has ruled.
