Marital Agreements and Property Settlements Upon Dissolution
As part of our comprehensive planning services, we structure pre-marital and post-marital agreements for our clients. In pre-marital planning, we also advise on the form of asset ownership in order to maintain the character of property after the marriage.
In dissolution of marriage actions, we act as “special tax counsel” to divorce attorneys to structure property settlement, support and alimony agreements, including creating trusts to minimize tax consequences. An integral part of this process is the review of tax qualified retirement plan assets, non-qualified deferred compensation (such as stock options), and the transfer of tax sensitive assets, such as partnership interests with “negative basis” and stock in S corporations.
We advised clients prior to the finalization of their divorce on the creation of an irrevocable trust for their descendants to which one spouse makes a gift and the other spouse agrees to split the gift, in order to use both gift tax exemptions. We assisted a client and spouse in the process of divorce in creating annuity trusts to provide for the support of a disabled child.
The firm also represents trustees of family trusts who may become involved as third parties in dissolution of marriage proceedings, including suits for support and disputes over the character of property held in trust.