New York Divorce Report - New York's Divorce and Family Law Blog

Phil Bernstein, in his New York Probate Litigation Blog, highlights several issues about the impact on divorce on an estate plan. In his post, Phil reminds us of the importance of finalizing the divorce settlement as soon as practicable. There is probably no matrimonial lawyer who has spent substantial time in practice who has not had to deal with the disaster which occurs when a client dies before the entry of a divorce decree or the execution of a stipulation of settlement or separation agreement providing for the couple disinheriting each other. When that happens, as Ms. Hamill so aptly... More

The Pennsylvania Family Law Blog poses the very practical question- what do to with a gift or inheritance received during a marriage? How can one insure that a gift to an adult child does not end up marital property subject to the other spouse’s claims? As the blog post points out, Generally, marital property means all property acquired by either party during the marriage, regardless of whose name it is in. An exception arises for property acquired by gift (except between spouses), such as an inheritance. In New York, the same rule applies. Provided the gift remains in the sole... More