Tag: Divorce

Judges are Deciders, not Investigators, in Divorce Litigation

September 16, 2010 | Blog, Business Valuation, Divorce, Marital Property

Icon for author Brian Vertz Brian Vertz

A recent post on BVLaw (culled from the materials for the BVR Summit on Business Valuation in Divorce, going on now in Chicago) reminds us that pre-trial discovery and preparation are essential tasks in divorce litigation which must be conducted by the parties, with the assistances of their lawyers and experts, not the court: Speaking at this morning’s BVR Divorce Summit, Judge Thomas Zampino gave some excellent advice for matrimonial […]

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Lump Sum Divorce Payment: Exempt Property in Bankruptcy

September 09, 2010 | Blog, Court Decisions, Divorce, Marital Property, Settlement

Icon for author Brian Vertz Brian Vertz

In Re Miller, 424 B.R. 171 (M.D. Pa. 2010) Wife/Debtor filed a chapter 13 bankruptcy petition, in which she attempted to classify an “income maintenance award” of $88,500 received in a divorce decree as property exempted from the bankruptcy estate.  The divorce decree provided that Wife was to receive $88,500 cash in order to effectuate a 67%/33% division of marital property.  Next, Wife’s former divorce lawyer filed a proof of […]

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Blazer: Double Dip Still Moribund in California

Last year I had the privilege of attending the BVR/Morningstar Summit on Best Practices in Business Valuation in Divorce, which will be held this month in Chicago. Unfortunately I have to miss it this year as I will be visiting my new niece in San Diego. They will be discussing the latest developments in business valuation and complex financial issues in divorce, including the following summary of a double-dipping decision […]

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Alimony Tax Gross-Up Approved

August 09, 2010 | Alimony, Blog, Court Decisions, Divorce, Tax Issues

Icon for author Brian Vertz Brian Vertz

In Balicki v. Balicki, 2010 PA Super. 134 (July 30, 2010), the Superior Court considered the husband’s argument that the alimony order provided more income to his ex-wife than she could spend (as shown by her budgetary expenses). The trial court in its opinion justified the alimony award by noting that the wife would pay income tax on her alimony award, thereby reducing the after-tax dollars available to her. The […]

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