Frequently Asked Questions Regarding Family Law
I owned a house before I got married. I did not add my spouse’s name to the Deed. Now that we are getting divorced, does my spouse have a claim to the house?
Answer:
Yes and No. Prior to answering this question it is necessary to understand the concept of "Marital Property" and "Non-Marital Property."
Assets (and debts) are classified as "Marital Property" are subject to what is known as "Equitable Distribution." Equitable Distribution is the process by which Marital Property is distributed between each spouse. Non-Marital Property is not subject to Equitable Distribution.
In the situation you described, only the increase in value of the house from the date of marriage to the date of separation – which will be determined by an appraisal - would be considered "Marital Property" and subject to Equitable Distribution. That reason for this is that the house remained titled in your name.
However, if you transferred the house into joint names with your spouse, you will be considered to have made a "gift" to the marriage, and as a result the house’s entire value of would be considered "Marital Property" and subject to Equitable Distribution.
In your last response, you mentioned that classifying an asset (or debt) as “Marital Property” is important in the Equitable Distribution process. What is “Marital Property”, and how is it different from "Non-Marital Property"?
Answer:
Marital Property is any asset acquired - or debt incurred - by either spouse during the marriage through the date of separation. It does not matter how the asset or debt is titled. For example, a 401k account is only titled in the name of one spouse, but all contributions and earnings during the marriage are considered marital assets.
Similarly, even if a credit card is only titled in one spouse’s name, any charge incurred during the marriage is considered a marital debt, and as such the entire credit card balance can be considered in Equitable Distribution.
There are exceptions to this rule. For example, any inheritance or gift received by one spouse during the marriage is not considered Marital Property, unless that gift or inheritance is (a) used to purchase an asset in joint names and/or (b) deposited into a jointly-titled account. In those instances, the entire value of the gift and/or inheritance is considered as having been "gifted" to the marriage and considered marital asset.
To further, complicate matters, even if the gift or inheritance is placed into a account titled only in the recipient spouse’s name, any increase in value on that account between the date of the gift or inheritance and date of separation is considered Marital Property.
My former spouse/mother/father has primary physical custody of our children, and I am paying child support. However, every time I see my children, they are wearing old clothes and always seem to need school items or other necessities. Am I entitled to an accounting from the other party as to how they are spending the child support?
Answer:
No. You have no right to ask the custodial parent how he or she spends the child support you pay. The one exception is if you are being asked to pay for (or reimburse the other parent) for a child’s medical, dental, prescription and/or orthodontic costs. In all child support Orders, the custodial parent is required to pay the first $250 per child/per calendar year for out of pocket expenses, after which you are required to pay the percentage of those costs specified in the Order. In those cases, you are entitled to documentation (a) proving that the custodial parent has paid the first $250 and (b) the invoice (or proof of payment if the custodial parent paid the entire amount).
My spouse and I have decided to separate and have agreed on how to divide our assets. Can you represent both of us in the divorce case?
Answer: No. Under the Rules of Professional Responsibility and Code of Ethics, an attorney may only represent one party in a divorce case. Further, the lawyer can only give legal advice to his or her client. It is extremely unwise to represent yourself in a divorce proceeding.
A friend of mine who went through a divorce told me she is getting more child support/alimony/property than I am getting. Why can't I get the same?
Answer:
Many times in divorce/custody/child support proceedings you will hear from relatives and friends about their own experiences. However, you must remember that every case is unique and comparing any two cases is like comparing apples to oranges. Even if you have been through a divorce previously, your current case will be much different that the prior experience.
News & Information
Business succession planning is an important process that helps business owners prepare for the upcoming transfer of ownership and leadership. Whether the transition involves passing the company to family members, selling to business partners or transferring ownership to outside buyers, having a clear succession plan helps reduce uncertainty and protect the long-term security of the business. A careful plan can also minimize disputes, preserve business value and ensure continuity in periods of change. Planning for Business Transfer The first step in business succession planning is identifying how the business will be transferred and who will assume control. Business owners should evaluate their long-term goals, retirement plans, and the financial needs of both the company and their family members. Some owners choose to pass the business on to children or relatives who are already involved in operations. Others may transfer ownership to key employees, business partners or third party buyers. Each option has different legal, operational and financial consequences. A successful transition often takes years of preparation. Potential successors may need leadership training, operational experience and gradual increases in responsibility to ensure they are ready to effectively manage the business. Good communication with family members, partners and stakeholders is also important to avoid misinterpretations and conflict. Business owners should work with legal and financial professionals to create formal succession documents, update corporate records, and establish a realistic timeline for the transfer process. Use of Buy-Sell Agreements Buy-sell agreements are an essential part of many succession plans. These legally binding agreements specify what happens to the interest of a business owner if certain events occur, such as retirement, disability, death or voluntary departure from the company. A buy-sell agreement typically defines who may buy the shares of the departing owner, how the business interest will be valued and the terms of payment. This structure helps maintain stability and prevents ownership disputes that could disrupt operations. For businesses with multiple owners, buy-sell agreements provide understanding and protections for all parties involved. They can prevent unwanted external ownership and ensure that remaining owners retain control of the company. Funding mechanisms are also important. Many businesses use life insurance policies to fund buyouts in the event of an owner's death. This allows surviving owners or family members to complete the transfer without putting financial hardship on the business. Tax Considerations Tax planning is an important part of business succession planning. If the transfer of ownership is not well planned, the business owner and successor will face a substantial tax liability. Depending on how the transfer takes place, the owners may face capital gains, estate, or gift taxes. With good planning, these tax burdens can be reduced with trusts, step-by-step ownership transfers, family partnerships, or changing the type of business entity. Another important factor is valuation. A proper valuation of a business is important for determining tax liability and ensuring that everyone involved in the transfer is treated fairly. Business owners should regularly review their succession plans with accountants, tax advisors, and attorneys, as tax laws are often changing. Regular updates keep the plan in line with changing legislation and the business’s needs. Let Us Help You Navigate the Essentials of Business Succession Planning Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online. This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.
Learn the key considerations in developing mixed-use properties, including zoning and planning requirements, legal challenges, and effective community engagement strategies.
Learn how contested guardianships are handled, including legal challenges, the rights of all parties involved, and the court procedures used to resolve disputes.
Learn how to choose the right business entity structure by comparing LLCs, S-Corps, and C-Corps, state incorporation benefits, and essential formation documents.
Learn how to navigate mergers and acquisitions with due diligence, deal structuring, tax efficiency, and post-merger integration strategies.
Learn how to manage risk in real estate transactions, from identifying potential issues to using insurance and legal strategies for protection.
Learn how to navigate municipal licensing and permits, streamline approval processes, and maintain compliance to avoid delays, fines, and project disruptions.
Understand the key differences between power of attorney and guardianship, including legal authority, applicability, and how to choose the best option for your situation.
Learn how property taxes affect real estate investments, including strategies for appealing assessments, using tax exemptions, and legally reducing tax liabilities.