Lawyers USA Online » divorce

Two-year suspension for attorney who helped client break into her former home

Correy Stephenson — Wed, 13 Mar 2013 18:39:24 +0000

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.

On Oct. 28, 2011, divorce attorney Raymond T. Van Arnam accompanied Melissa A. Stonecipher to the home where her husband,
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Trust distributions may be divided in divorce

Pat Murphy — Mon, 25 Feb 2013 17:54:58 +0000

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.

The parties were married in 1978. The husband suffered a stroke in 1994 that left him disabled and unable
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Tax consequences should be weighed in divorce

Pat Murphy — Fri, 15 Feb 2013 16:44:32 +0000

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.

The Internal Revenue Code generally allows a taxpayer to deduct alimony, but not
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Does federal law preempt state life insurance action?

Kimberly Atkins — Fri, 11 Jan 2013 23:15:05 +0000

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.

One Virginia state law at issue automatically revokes an ex-spouse’s life insurance beneficiary designation upon divorce. Another establishes liability
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‘Hold harmless’ clause in divorce decree enforceable

Pat Murphy — Thu, 10 Jan 2013 18:58:42 +0000

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.

The wife was awarded the marital home when the parties divorced. The divorce decree further made the wife responsible for the
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Divorce obligation can’t be discharged in bankruptcy

Pat Murphy — Wed, 02 Jan 2013 19:23:34 +0000

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.

At the time of the divorce, the parties owed $18,400 on a U.S. Bank line
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Benchmarks: Retiree risks alimony due to ‘cohabitation’

Pat Murphy — Tue, 18 Dec 2012 15:22:34 +0000

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
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Employer reimbursement didn’t increase child support

Pat Murphy — Fri, 09 Nov 2012 20:20:48 +0000

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.

The parties had three children before divorcing. In ordering the husband to pay $2,400 a month in child
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Divorce did not automatically revoke insurance benefit

Kimberly Atkins — Tue, 30 Oct 2012 19:45:54 +0000

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.

The case involves a widow whose husband had purchased a $50,000 life insurance policy through his federal employer
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Wife’s secret money stash constituted ‘egregious fault’ in divorce

Correy Stephenson — Fri, 26 Oct 2012 14:12:16 +0000

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.

During divorce proceedings following their 28-year marriage, a forensic accountant discovered that almost $350,000 had been secreted from the couple’s closely held business by
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