I believe everyone should have a prenuptial agreement because you never know if a divorce is in your future. After all the statistics are one in two marriages end in divorce. Assume two people get married and one party just graduated from college and is a teacher and therefore has a prospective teacher’s pension. The […]
Financial Issues
Can you set aside a prenuptial agreement during divorce?
If a prenuptial agreement’s prepared in accord with requirements of the statute, it should not be set aside. It must be signed by the parties voluntarily and must be conscionable. The parties must each provide full and fair disclosure of the earnings, property and the respective financial obligations. If there is a waiver of financial […]
How common are prenuptial agreements in marriages with significant wealth?
The short answer is in a family with a high-net-worth, a prenuptial agreement is invaluable especially when the party marrying has an interest in a family business. Prenuptial agreements in these situations are very common as the family wants to protect the family business in the event that a divorce arises. The agreements are intended […]
What should be included in a prenuptial agreement for a business owner?
The prenuptial agreement is a contract between two people who are contemplating marriage and is effective upon the date of the marriage or civil union. The agreement should include all property of the parties including their business, real estate investments, retirement accounts or pensions and debts. When I prepare a prenuptial agreement it is imperative […]
Are stock options considered assets to be divided during divorce?
The first thing we need to look at is what is a stock option? A stock option is the right to buy stock in a company who employs the spouse at a discounted or fixed price within a certain period of time. Stock options can be valuable and they’re subject to equitable distribution as a […]
Are alimony modifications open to negotiation later on?
If the financial circumstances of either the payor or the receiver of alimony significantly changes, an alimony award may need to be modified to reflect this. Circumstances that may lead to a modification request include experiencing a substantial involuntary decrease to your income, failure of a business, or a substantial increase to your spouse’s income. […]
How are business assets divided during a divorce in New Jersey?
There is no set formula to divide a business. There are many factors that determine what each spouse will receive equitably. If the business is evaluated the supportive non-ownership spouse will likely receive a percentage, but the percentage is subjective to numerous factors including the type of business, tax consequences in the event that the […]
How can your divorce attorney help with alimony negotiations?
Before negotiations start, you and your attorney can work together to develop strong and practical alimony recommendations. You can roleplay how they might be received and devise other alternatives to have ready to propose. Depending upon how you and your spouse are settling your issues, your attorney may actually be the one speaking on your […]
If a couple owns a business, is it necessary to hire a business evaluator?
The first step is to evaluate whether the business is a marital asset or what portion of the business is a marital asset. Was the business gifted to one of the parties before or during the marriage, or has it grown during the marriage? Was a premarital business and the parties invested into it during […]
What are some ways to jumpstart stalled alimony negotiations?
Couples who are splitting up are often hurt and angry. Setting these emotions aside can be difficult, but it is absolutely necessary to ensure productive negotiation. Focus on the law as you have been advised by your attorney or mediator, and concentrate on concrete aspects of your case such as the appropriate amount for you […]
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