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Articles Posted in Divorce

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Who is entitled to benefits?

Culwick v. Wood, 384 F. Supp. 3d 328 (E.D.N.Y. 2019) (a) Facts: Husband and wife were divorced. Their divorce decree incorporated a separation agreement. The agreement provided: [T]he Husband shall otherwise retain all pensions and annuities acquired by him at any time, including during the term of the marriage. .…

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Beneficiaries and QDROs

Christopoulos v. Trout, 343 F. Supp. 3d 812 (N.D. Ill. 2018) (a) Facts: Husband filed a divorce action against wife in Illinois. Immediately thereafter, he changed the beneficiary of his employer-provided group life insurance, naming a series of relatives in varying percentages. The wife immediately asked the divorce judge to…

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TWELVE PEOPLE WHO ARE EXPONENTIALLY MORE ANNOYING WHEN YOU ARE GETTING DIVORCED: Part 2

Divorce is a significant life-changing event. If you’re going through this process, you may feel like you’re walking around Greensboro on a tight-rope with no net. Anything could set off your powder keg of emotions. As you try to get a handle on life, here’s four more people that might…

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TWELVE PEOPLE WHO ARE EXPONENTIALLY MORE ANNOYING WHEN YOU ARE GETTING DIVORCED: Part 1

By: Amy Setzer, Legal Assistant. These are the personal views of Amy, and not necessarily the views of WFLG.

One of the most therapeutic things to do when getting divorced is to establish a routine. Going about your every-day in the Triad can help you get up in the morning, compartmentalize when necessary, and generally stay moving (even if it is in a zombie-like manner). However, no matter how…

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Know Your Finances! Hardships and Settlements: Heedram v. Comm’r (2018)

Heedram v. Comm’r, T.C. Memo. 2018‑25, 2018 WL 1193421 (2018)   (a) Facts: A husband and wife married in 2011 and divorced in 2015.  During the marriage, the wife earned most of the parties’ income and handled the parties’ finances.  She had unpaid federal taxes from before the marriage.  The…

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Innocent Spouse Relief: Cojocar v. Comm’r

Cojocar v. Comm’r, T.C. Memo. 2017‑189, 2017 WL 4321149 (2017)   (a) Facts: A husband and wife filed joint tax returns from 2009 to 2012.  The 2011 return reported $170,870 in income for the husband, $30,870 in income for the wife, and $289 in interest income.  The parties did not…

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Better Late Than Never…but Never Late Is Better; QDROs and Laches.

In re Beeghley, ___ Fed. App’x ___, 2018 WL 3060089 (3d Cir. 2018) (unpublished)   (a) Facts: The parties were divorced in Delaware in 1995.  The trial court divided the husband’s pension and ordered the wife to prepare a DRO.  No DRO was ever signed. The husband remarried, and he…

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“Return to Sender”

Stephens v. Alliant Techsystems Corp., 714 F. App’x 841 (10th Cir. 2017) (unpublished)   (a) Facts: A husband divorced in Utah.  A Utah state court entered at least two DROs dividing retirement benefits, each time reserving jurisdiction to amend the order in the future.  The plan qualified the DROs. The…

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