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Author Archives: Noah B. Rosenfarb
Social Security Benefits for Divorcés
From alimony and child support to the equal distribution of property there are many things to consider and negotiate when a marriage has come to an end. As we see the age of divorcing spouses beginning to rise, special … Continue reading
Posted in Finances and Divorce
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Planning Opportunities for Executive’s Stock in Divorce
Generally, when an executive works at a public company, a large percentage of family wealth is wrapped up in the stock’s value. During a divorce, because selling the stock may be prohibited – either by agreement or otherwise – the … Continue reading
Posted in Finances and Divorce, Move Forward
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Use an ESOP to Settle a Divorce
If you have a business worth at least $5 million and there isn’t enough cash to fully satisfy equitable distribution (an “ED Shortfall”), consider forming an Employee Stock Ownership Plan (“ESOP”) to facilitate a settlement of your divorce. How does … Continue reading
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What Family Attorneys Should Know Before Dividing Hedge Fund Assets
Hedge funds require accredited investor status. This status is obtained by any natural person whose individual net worth, or joint net worth with that person’s spouse, at the time of his purchase exceeds $1,000,000. Also, one can be an accredited … Continue reading
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Using Retirement Assets for Fees and Housing
Often times, retirement plan assets are needed to satisfy financial obligations that result from divorce – whether they are attorney fees or credits to allow one spouse to stay in the marital home. There are two common ways to avoid … Continue reading
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Equitable Distribution of Nonqualified Deferred Compensation
When nonqualified deferred compensation plans (“NQDC”) exist in a marital estate, they are often substantial components of the marital balance sheet. If your case includes an NQDC, you and your client need to consider the pros and cons of … Continue reading
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The Top 10 Life Insurance Issues in Divorce
Life insurance is a commonly used product, but most people know very little about its intricacies. Here are 10 things to you should consider when dealing with life insurance in a divorce proceeding. If either party owns life insurance … Continue reading
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Dependency Exemptions in Divorce
In 2008, the IRS amended Section 152(e), which deals with dependency exemptions. The changes to the tax code can be summarized as follows: A divorce agreement or court order can no longer be used as a substitute for Form … Continue reading
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The Value of Filing as “Head of Household”
Filing as Head of Household (“HOH”) can save up to $8,000 per year over filing as Single. Therefore, it is critical to evaluate the post-divorce tax filing status for each party when negotiating a settlement. This requires thought and … Continue reading
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Understanding Child-Related Tax Credits
In general, there are four different types of tax credits that divorcing parents should understand before resolving which parent will claim the dependency exemption and/or how joint custody should be addressed in an agreement. Earned Income Credits (Claimed by … Continue reading
Posted in Finances and Divorce
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