The Divorce and Family Law lawyers at Pasternak & Fidis, P.C. have two goals: to represent our clients effectively at the negotiating table, and, if necessary, in court, while bringing calm, order, and sensitivity to an emotionally charged situation.
Our attorneys are licensed in Maryland, the District of Columbia and Virginia. We are experienced trial lawyers who have tried cases in courts all over the metropolitan area. We work with both married and unmarried couples, including those in domestic partnerships, who are seeking a dignified resolution of their family law matters.
Within the firm, we work across departmental lines, to help our clients minimize the financial, tax, and business repercussions of separation and divorce or dissolution of a domestic partnership.
Our attorneys are trained in collaborative law and are able to offer our clients this innovative and humane approach to the resolution of family law issues.
We are particularly sensitive to the needs of children and take pride in our ability to craft practical, creative custody solutions that best meet the needs of all parties. We are experienced in handling custody disputes resulting from the dissolution of nonmarital relationships.
We provide sophisticated analyses of such issues as complex property holdings, deferred compensation and retirement benefits, taxes, trusts, and business issues, consulting our in-house tax and business specialists when necessary. And we work to prevent disruption to business operations and income sources.
Most importantly, we understand, offer, and explain alternatives. Our experience includes negotiation, litigation, binding arbitration, mediation, and collaborative law.
We combine zealous representation with a dignified, systematic approach. That’s what makes our family law attorneys so effective.
Trusts are an important tool that families can use to protect assets and pass wealth to future generations. When the beneficiary of a trust is facing divorce, he or she will be concerned that the trust assets and income may be vulnerable to a spousal claim. Such a claim can include equitable division of property, spousal or child support, and an award of legal fees and costs.
Whether and to what extent a beneficiary’s interest in a trust can be subject to a spousal claim at divorce depends on:
Many couples establish savings for the college education of their children. A Section 529 account is an attractive vehicle for these savings, as discussed in Adam Swaim’s article. What happens to a 529 account if the parents divorce? The appeals courts of D.C., Maryland, and Virginia do not yet appear to have wrestled with a parental dispute about a 529 account in a divorce. Only a few cases from courts around the country have done so. They offer some guidance to parties and their lawyers as to how our courts may handle a dispute over a 529 account that arises between divorcing parents. More importantly, they point out issues that parties should address when negotiating a marital settlement agreement where they have a Section 529 account for a child.
Some key legal aspects of Section 529 accounts:
A marital agreement can take the form of a premarital agreement, a postmarital agreement, or a separation agreement, i.e., an agreement that settles property rights (and other issues) between parties who intend to divorce. A marital agreement may provide for the disposition of assets at death; it may require one or both parties to provide for the other or a child at death after divorce; or it may waive rights at death. When the terms of a marital agreement and a beneficiary designation conflict with each other, the law will either validate or annul the designation, depending on the jurisdiction, the type of asset, and the language of the marital agreement.
The District of Columbia, Virginia, and Maryland all have laws that revoke at divorce either the entire will or the portions benefitting a… MORE >
Family lawyers are increasingly hearing from divorced clients who are getting ready to retire or have retired and who have a spousal support obligation or a right to receive support under a court order. A court order may result from a trial or as part of a settlement agreement adopted by a court in the judgment of divorce. Some payors think alimony payments automatically end at retirement, or that a court will decide to terminate payments at retirement as a matter of course, but this is not necessarily so.
Court-ordered spousal support terminates automatically only on the death of either party or—in Maryland and Virginia, but not the District—upon remarriage of the recipient. When a court orders indefinite spousal support, i.e., support without a predetermined… MORE >
The Tax Cuts and Jobs Act has eliminated the tax treatment of alimony that has been in place for more than 75 years. Under the old law, alimony is deductible from the income of the payor and includible in the income of the recipient, provided the parties comply with the specific requirements of the Internal Revenue Code (I.R.C.). Effective January 1, 2019, under the Tax Cuts and Jobs Act, parties will no longer have the option to enter into an agreement for taxable alimony nor will court-ordered alimony be deductible from the payor’s income and includible in the recipient’s income. Some alimony obligations created prior to January 1, 2019, may receive alimony tax treatment under the old law; others may not.
An existing premarital agreement… MORE >
In December 2017, Congress rushed to pass the Tax Cuts and Jobs Act: a 503-page document that drastically alters several of the popular tax credits and deductions around which many divorcing families structure their financial planning. This first major tax reform in decades affects taxes beginning in 2018 and will have a significant impact on divorcing families. Family lawyers are still working on understanding the nuances of the changes and figuring out how to settle cases while some of the uncertainties in the application of the new law are being resolved by the Treasury Department.
Even the most amicable divorce can be expensive; it simply costs more to maintain two households. Through effective use of the tax code, however, family law attorneys, often working alongside… MORE >
The Maryland General Assembly recently took several actions impacting domestic relations that will increase ease, efficiency, and consistency for those navigating the family court system.
Domestic Violence Orders Admissible in Maryland Divorce Suits
Protective orders (a form of domestic violence order) are designed to end and prevent abuse between family or household members. Current or former spouses, people who have lived together in an intimate relationship for at least 90 days during the past year, people who have been in a sexual relationship within the past year, people who share children together, people who are in a caretaker-vulnerable adult relationship, and family members can file for a protective order 24 hours a day in Maryland. In a protective order, a judge can order the abuser… MORE >
The trend in recent years has been toward greater creativity in marriage ceremonies, including locations, vows, and officiants. In personalizing the ceremony, it is important to keep in mind that the legal requirements for marriage are set forth in the laws of each jurisdiction, both as to the qualifications for a person to marry and the legal steps necessary to ensure that the marriage is valid.
Historically, marriage has been subject to the control of state legislatures (in the District of Columbia, the City Council). Statutes set forth the requirements for who is allowed to marry, the required procedure to marry, and the legal effects of marriage. Spouses who marry in religious or other ceremonies that do not comply with the statutory requirements may be… MORE >
In the modern world it is increasingly common for an American citizen to marry a foreign national. In some situations, the United States citizen spouse or permanent resident may sponsor the other for permanent resident status (often referred to as a “green card” for the color that the physical document was at one time). The decision to do so can have lasting consequences in the event the marriage ends.
A sponsoring spouse must fill out an Affidavit of Support under Section 213A of the Immigration and Naturalization Act – commonly referred to as a Form I-864. A Form I-864 is a contract between the sponsor and the United States government that requires the sponsor to support the immigrant if the need arises. Spouses commonly sign… MORE >
After a divorce, the last thing on most people’s minds is contacting their estate planning attorney. However, if you fail to revise your estate planning documents after your divorce, your former spouse might still be a beneficiary of your estate and may continue to be a fiduciary under your will, revocable trust, power of attorney, or advance health care directive. Below is a table that summarizes how divorce affects these documents under D.C., Maryland, and Virginia law.
D.C. Maryland Virginia Wills Divorce and final property settlement revokes the entire will. If the testator does not execute a new will, or republish his or her old will, he or she will die intestate. Divorce revokes all provisions of a will relating to the former spouse, unless… MORE >