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Kate Spade, Anthony Bourdain And Estate Planning When You Are Separated

The recent tragic deaths of Kate Spade and Anthony Bourdain had more in common than how they died. They were both separated from their spouses at the time of their deaths.  While by all accounts these separations were amicable, the fact that they were not legally divorced can lead to a host of estate planning issues.

When spouses decide to divorce, the usual framework is a process involving attorneys and the court system. But as modern family life is complex, it is becoming more common for spouses to remain permanently separated yet not divorced.  It’s a state of gray that many feel comfortable in. Unfortunately for both family law and estate law, it’s a hard place to be.

Note from Fields and Dennis:  Please Refer Below for Information Related to Massachusetts

Separation or Divorce: What Happens to Durable Powers of Attorney Upon Death?
Separation or Divorce: What Happens to Joint Checking and Brokerage Accounts Upon Death?
Separation or Divorce: What Happens to Life Insurance Proceeds upon Death?
Separation or Divorce: What Happens to Medical Directives upon Death?
Separation or Divorce: What Happens to Retirement Accounts Upon Death?
Separation or Divorce: What Happens to Wills, Trusts, and Statutory Shares Upon Death?

Read article here.

Orthodox Judaism and Divorce

The unique circumstances of Jewish law as interpreted by those who practice Orthodox Judaism can make divorce an extremely difficult predicament for women in the religion. For starters, only the husband can grant a divorce with a document called a “get.” While a woman can still seek a legal divorce, without the “get” she is still married in the eyes of her religion, even years after a civil divorce is granted.

Someone unfamiliar with Orthodox Judaism may not understand the gravity of this scenario. Without the husband’s consent to a religious divorce, and without a “get,” an Orthodox Jewish woman cannot remarry or have more children. Without a religious divorce being granted, any remarriage is seen as adultery and can result in her being shunned from her Orthodox community. Read more.

 

Heading Back to School after a Divorce

With fall quickly approaching, it is that time again, at once bittersweet and anticipated by parents everywhere – back-to-school. But, if you are recently separated or in the midst of a divorce, this first back-to-school season will be another in a series of adjustments. Summer certainly had its own challenges and negotiating vacations when children are not in school can be tough, but the upcoming school year poses its own unique issues to face. Read more.

5 Tips for Getting Through the Holiday Season When Going Through Divorce

Thinking about the holiday season can be a daunting experience when going through a divorce. While it is only October, we understand the apprehension of facing the upcoming season of cheer when you are feeling anything but cheerful.  Divorce is an extremely personal and emotional experience, and there is no right or wrong way to feel – but you are not alone, and the holidays, while different, do not have to be a dreaded occurrence.

Here are some tips for finding enjoyment from the holidays, or at the very least getting through them. Read More.

Remember to Breath: Taking Care of Yourself During a Divorce

Divorce is a difficult decision, and it is one that leaves many impending problems in its wake.  It is important to consider the repercussions on your family, your finances, and your estate.  But there is another thing to consider, that can often fall by the wayside when dealing with such an emotionally-wrought decision: YOU and your health.

When facing a divorce, you have a lot on your plate.  You are dealing with the end of your marriage, which can take its toll.  On top of that, you must consider financial arrangements, children, and your estate plan.  And this is if the split is amicable, which of course we know is not always the case and can add another painful and difficult layer to the already upsetting process.  Read more.

A Revealing Look at the Modern Marriage

A recent study commissioned by UK law firm Slater & Gordon explores the state of marriage in the modern age.  The study surveyed 2,000 married people on their deepest feelings about matrimony, divorce and the consequences of both.

Of those surveyed, a fifth described themselves as “trapped” by their marriage, and would decidedly end it, if they could only be assured of a secure financial future. Read more.

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