Blog

When there are special needs children involved in a divorce, planning is essential to ensure kids with unique needs will have adequate financial support as adults. Child support normally terminates when a child turns 18 or graduates from high school. In cases where a child has special needs, however, child support may continue after the age of 18 by a showing the child has a mental or physical condition that […]

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.  International Tracing Traditional discovery is an essential but incomplete tool when tracing foreign assets and income in connection with a divorce. Divorce lawyers must understand, and explain to clients, that the subpoena power of a U.S. court does […]

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 […]

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, […]

  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. Tracing Hidden Assets and Income Initially, asset tracing depends upon the voluntary disclosure of information from each spouse. If spouses suspect that money and property have been diverted from the assets disclosed in financial affidavits and discovery […]

Pittsburgh family law attorney Brian C. Vertz discusses the nuances of prenuptial agreements and property tracing with attorney Kyleigh A. Weinfurtner’s class at Case Western Reserve University School of Law. An artfully drafted prenup can be a valuable tool in protecting assets during a divorce. However, if the prenup doesn’t anticipate specific circumstances of a divorce, property tracing may still be important in distinguishing marital property from separate property.   […]