Does equitable distribution case law overvalue retirement accounts?
Posted Thursday, January 10th, 2013 by Gregory Forman
Filed under Equitable Distribution/Property Division, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Individual Retirement Accounts (IRA) and 401k account assets are not as valuable as an equivalent amount of cash. With some exceptions there is a 10%
Equitable distribution when spouses rarely lived together
Posted Wednesday, December 5th, 2012 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The December 5, 2012 Court of Appeals opinion in Jenkins v. Jenkins, 401 S.C. 191, 736 S.E.2d 392 (Ct. App. 2012) addresses, without providing guidance, the interesting
Posted Tuesday, August 28th, 2012 by Gregory Forman
Filed under Equitable Distribution/Property Division, Legislation, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
South Carolina Code § 20-3-610 indicates that the marital estate is created “at the time marital litigation is filed or commenced...” Yet S.C. Code §
Fighting the wrong battle on transmutation
Posted Saturday, August 25th, 2012 by Gregory Forman
Filed under Equitable Distribution/Property Division
I attended a mediation training yesterday in which one of the exercises dealt with the issue of “transmutation,” the process by which non-marital property becomes
Posted Tuesday, August 21st, 2012 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Sometime around 2007 I encountered a situation involving a marital home I not previously dealt with: negative equity. Prior to 2007 unhappily married folks often
Posted Wednesday, June 6th, 2012 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Child Support, Equitable Distribution/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific, Visitation
Last week, in Tillman v. Oakes, 398 S.C. 245, 728 S.E.2d 45 (Ct. App. 2012), the Court of Appeals reversed and remanded a family court custody
Way decision reverses lump sum equitable distribution award
Posted Wednesday, May 9th, 2012 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The May 9, 2012 Court of Appeals opinion in Way v. Way, 398 S.C. 1, 726 S.E.2d 215 (Ct. App. 2012), reversed the family court’s $20,000
Mischief potential in restraints against disposing of marital property
Posted Monday, March 19th, 2012 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Many family court attorneys routinely seek a restraining order at the beginning of a marital dissolution case against “disposing of, hiding, encumbering, or in any
Crossland appeal offers interesting guidance on alimony and equitable distribution
Posted Wednesday, March 7th, 2012 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
On July 2, 2014 the South Carolina Supreme Court completely reversed this Court of Appeals opinion. See Supreme Court completely reverses Court of Appeals and reinstates
To reduce the coverture fraction, file then negotiate
Posted Sunday, February 12th, 2012 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Typically, when a separated or separating spouse contacts me to negotiate a separation agreement, I suggest working towards reaching an agreement before I file an