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. We combine zealous representation with a dignified, systematic approach. That’s what makes our family law attorneys so effective.
Our family law attorneys are well versed in the division of pensions, retirement plans, and other forms of deferred compensation, including the plans of private sector employers requiring a Qualified Domestic Relations Order (QDRO), government plans, military retirement, and the plans of international treaty organizations. We are also experienced in the valuation and division of businesses and professional services practices. Our family law attorneys are experienced in the division of executive compensation, such as stock options, restricted stock, executive deferred compensation plans, and other forms of nonqualified retirement benefits. We are knowledgeable about the tax consequences of divorce and separation and can use our tax expertise to craft effective settlements.
We are experienced in resolving disputes about spousal and child support, including determination of income and evaluation of resources available for post-divorce family support.
Our family law attorneys are able to draw on the expertise of our estate planning lawyers, several of whom have specialized degrees in taxation, to help our clients minimize the financial, tax, and business repercussions of separation and divorce or dissolution of a domestic partnership. They can also assist with structuring marital settlement agreements that include post-death obligations, such as an obligation to maintain life insurance or to create a trust for a former spouse or a child.
In July 2021, at its annual meeting, the Uniform Law Commission adopted the Uniform Cohabitants’ Economic Remedies Act (UCERA). Cohabitants already have the right to enter into a written or oral contract under general contract law principles. If enacted, UCERA would create statutory recognition of these rights and would expand the bases for cohabitant property claims.
UCERA has not been adopted, or even considered, by the legislatures of Maryland, Virginia, or the District of Columbia. It seems unlikely that it ever will. However, it addresses a problem that will continue to exist when two people live together, acquire property, make promises to each other about sharing assets upon death or dissolution, or when one party believes they have done so. Whether UCERA is ever adopted,… MORE >
Since early 2020, fewer face-to-face transactions have been possible because of mandatory social distancing. These restrictions changed the way lawyers and clients handled contracts and other business and personal transactions. The remote work environment reduced ink-to-paper signatures and increased the use of electronic signatures for contracts. Parties to a contract use the click of a button, sign on an electronic notepad, add their signature to the end of an email, or upload a picture of their signature to software. This development has led to questions about authenticity, validity, and enforcement of contracts.
Although an oral contract can be valid, with some exceptions, most contracting parties prefer a written agreement with signatures. In the family law area, a premarital agreement must be in writing and signed… MORE >
Often, when meeting with a client to discuss their estate planning, one of the first questions is, “How can I avoid probate?” Probate can be a source of anxiety for clients who want to avoid imposing on their loved ones what they envision as a long list of cumbersome tasks after their death.
Probate is the process by which a decedent’s will is carried out and, depending on the nature of the assets involved, requires varying levels of court involvement. Typically, probate assets are those assets a decedent owned in his or her sole name that do not go to a designated beneficiary. The probate court appoints the personal representative of the decedent’s estate, and monitors payment of the decedent’s debts, compliance with mandatory notification… MORE >
Virginia has joined Maryland and D.C. in passing the Uniform Collaborative Law Act (the UCLA). The Virginia UCLA will apply to all Virginia family law Collaborative cases starting July 1, 2021. Begun in 1990 as a newcomer to the array of Alternative Dispute Resolution options, Collaborative Law was introduced in the DMV area in 2005 and has become a popular choice for couples who prefer an out-of-court process to settle their divorce and family law issues. Collaboratively trained family law attorneys, including those in our firm, welcome the adoption of this Act.
In some divorces, the family law attorney may have concerns about an opposing spouse who is not forthcoming about income or the existence and value of assets. In some cases, the attorney may need to use cash flow to establish the couple’s marital standard of living. This article addresses these issues, highlighting a book by Tracy Coenen, Lifestyle Analysis in Divorce Cases: Investigating Spending and Finding Hidden Income and Assets, Second Edition (American Bar Association 2020).
What is a Lifestyle Analysis?
Coenen defines lifestyle analysis as the “process of tabulating and analyzing the income and expenses of the parties.” This analysis includes tracking missing documents, identifying regular and one-time family expenses, tracing cash flow, calculating gross and after-tax income and projecting future income and expenses…. MORE >
A premarital agreement addresses a couple’s rights and obligations to one another when their marriage ends by divorce or death. A recent Virginia Circuit Court case, In re: Algabi v. Dagvadorj, et al., highlights the importance of ensuring that a decedent’s estate plan is consistent with the terms of his or her premarital agreement; or, in the case where a decedent intends to depart from the terms of his or her premarital agreement, the importance of making this intent clear in the testamentary document. In Algabi v. Dagvadorj, the parties executed a premarital agreement in which they each waived all claims to the other’s estate at death. After the parties were married, husband executed a will under which he arguably intended to leave a share… MORE >
The Setting Every Community Up for Retirement Enhancement Act (the “SECURE Act”) took effect January 1, 2020, revising federal rules that govern the administration of qualified retirement plans (e.g., 401(k) and 403(b) plans) and IRAs. Among the changes effected by the new law is the shrinking of the class of beneficiaries who can stretch out their required minimum distributions (RMDs) from such accounts over their expected lifetime. This stretch of RMDs was a tax benefit, because it allowed the beneficiary to defer income tax, keeping assets in the tax-favored vehicle as long as possible, where they could grow without diminishment; it is only upon distribution that the assets would be subject to income tax.
The SECURE Act imposes a maximum 10-year payout rule for retirement accounts… MORE >
With boomers living longer and marrying multiple times, the argument for premarital agreements for these couples is compelling. A premarital agreement defines the property rights of the parties when the marriage ends at death or divorce. Not all marriages between mature people will last until death.
Property Rights at Dissolution. A premarital agreement will typically provide for each party to retain exclusive rights to existing assets and assets acquired during the marriage by gift or inheritance. Parties must decide whether they want a title-controls type of agreement, so that each retains exclusive rights to all property he or she owns, or whether they want to share the fruits of their labor. When both parties have substantial assets and both are still working, with the ability… MORE >
Having served for 10 years on the Council for the Estate and Trust Law Section of the Maryland State Bar Association, I became Chair at the end of June. It is both an honor and a privilege to serve, and it is not lost on me that my term takes place during a worldwide health crisis that has disrupted how we work, and at a time of public and private reckoning with what a history of unjust choices has wrought in our communities.
As to the latter, my goal is to focus this year on concerted efforts to improve diversity, equity, and inclusion in the Section and on the Council. Our first step, unanimously adopted at our June meeting, was to expand by 10 the… MORE >
One question that clients frequently ask is “How often should we review our estate planning?” Although a comprehensive estate plan should not require frequent, extensive review, we recommend regular, periodic reviews of your core estate planning documents (will, revocable trust, financial power of attorney, advance health care directive) to ensure the documents accomplish your current objectives, especially if your circumstances or wishes have changed.
You should also consider the potential impact of changes in tax laws on your estate plan. Under a 2017 law, the federal estate, gift and generation-skipping transfer (GST) tax exemption amounts were temporarily doubled (see “Tax Cuts and Jobs Act: Impact on Estate and Gift Planning,” Pasternak & Fidis Reporter (Spring 2018)). For 2020, the exemption amount is $11.58 million and… MORE >