Monthly Archives: February 2021

Chasing Divorce Assets, Part 3

Defending and Attacking Prenuptial Agreements

This four-part blog series addresses the sourcing of money and property in divorce proceedings to discover hidden assets and income, distinguish separate property from marital property and enforce or attack prenuptial agreements. Defending and Attacking Prenuptial Agreements If the objective of a prenuptial agreement is to define and protect separate property, an effective one must anticipate and address future opportunities for comingling, transmutation, and retitling separate property. For instance, many […]

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Chasing Divorce Assets, Part 2

Distinguishing Separate Property

February 03, 2021 | Equitable Distribution, Legal Perspective, Marital Property

Icon for author Brian Vertz Brian Vertz

This four-part blog series addresses the sourcing of money and property in divorce proceedings to discover hidden assets and income, distinguish separate property from marital property and enforce or attack prenuptial agreements. Distinguishing Separate Property In jurisdictions employing a dual classification form of equitable distribution, there is a legal distinction between marital and separate property. Marital property is divided between spouses upon divorce. Separate property is exempt from equitable distribution, […]

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