Yearly Archives: 2007

Alimony Irony

July 27, 2007 | Alimony, Legal Perspective

Icon for author Brian Vertz Brian Vertz

From a recent news report: LOS ANGELES, California (AP) — A judge has ordered a man to continue paying alimony to his ex-wife — even though she’s in a registered domestic partnership with another woman and even uses the other woman’s last name. California marriage laws say alimony ends when a former spouse remarries, and Ron Garber thought that meant he was off the hook when he learned his ex-wife […]

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Innocent Spouse Relief Granted

April 17, 2007 | Family Law News, Legal Perspective

Icon for author Brian Vertz Brian Vertz

TaxProf Blog reports on a Tax Court decision in which the former wife of an accountant won equitable relief from joint and several liability under section 6015(f) of the Internal Revenue Code. The former wife credibly testified that she relied on her husband’s expertise in preparing joint tax returns throughout the marriage. She did not review the returns or even fill in the date next to her signature. Years later, […]

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Celebrity Divorce Update

April 17, 2007 | Legal Perspective, Prenuptial Agreements

Icon for author Brian Vertz Brian Vertz

It’s hard to believe an entire month got away from me without a blog posting. I realized it when I saw this article in Forbes magazine, describing the top 10 most expensive celebrity divorces. Paul McCartney’s settlement may eventually eclipse them all, but for now, the biggest losers are Neil Diamond and Michael Jordan, each of whom paid more than $150 million! Anyway, the winter freeze has begun to thaw […]

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Spoliation of Evidence In Divorce Valuation

March 18, 2007 | Business Valuation, Divorce, Legal Perspective

Icon for author Brian Vertz Brian Vertz

In a recent California decision, Marriage of Fry, the California Court of Appeals affirmed the trial court’s decision to accept the business valuation offered by a joint expert who estimated the owner’s excess earnings by examining the owner’s expenditures and lifestyle. The trial court found, and the appeals court confirmed, that the business owner had negligently or intentionally failed to keep business records, making it impossible to calculate the actual […]

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Does a Breach of a Prenuptial Agreement Create a Right of Rescission? Part II

March 14, 2007 | Legal Perspective, Prenuptial Agreements

Icon for author Brian Vertz Brian Vertz

At last! the conclusion of the story. Here is the law of other states, which like Pennsylvania, hold that a breach of a prenuptial agreement does not render the entire contract void if there has been partial performance of other covenants and the breach does not render the entire contract illusory. Other States Brees v. Cramer, 322 Md. 214, 586 A.2d 1284 (1991). Widow of a decedent sought to be […]

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