Can a divorce court pierce spendthrift trusts that were established to protect family assets from equitable distribution obligations? A recent opinion from a state appellate court provides a surprising answer. While the decision is not precedential in Western Pennsylvania (where I represent clients in family law matters), it may signal a shift in the perspectives of the family […]
When drafting a prenuptial agreement, family lawyers must carefully plan for the tax issues arising in the marriage, death or possible divorce of the spouses. Prenuptial agreements have long-lasting tax consequences that may not be immediately obvious. During prenuptial discussions, if one fiance has potential tax liability, it may be important to keep the assets of the non-liable person separate from the other. In addition, the couple must be cautious in conveying any property to others, as doing so may be a fraudulent conveyance. These and many other tax tips and strategies are discussed in detail in Chapter 18 of Frumkes & Vertz on Divorce Taxation.
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