Alimony is support payments made from one spouse to the other spouse after the entry of the Divorce Decree.  If an award of alimony is to be entered, it must be entered prior to the Divorce Decree being signed by the Judge.  Therefore, one party usually raises a claim for alimony when they file or answer the Divorce Complaint.

In determining if an award of alimony is appropriate, as well as the length of the award and the monthly amount, the court considers a list of factors which are in the Divorce Code.  The factors are as follows:
• The relative earnings and earning capacities of the parties.
• The ages and the physical, mental and emotional conditions of the parties.
• The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
• The expectancies and inheritances of the parties.
• The duration of the marriage.
• The contribution by one party to the education, training or increased earning power of the other party.
• The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child.
• The standard of living of the parties established during the marriage.
• The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment.
• The relative assets and liabilities of the parties.
• The property brought to the marriage by either party.
• The contribution of a spouse as homemaker.
• The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony, except that the court shall consider the abuse of one party by the other party.
• Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party's reasonable needs.
• Whether the party seeking alimony is incapable of self-support through appropriate employment.

While the court must consider all factors, it can weigh each factor differently.  Alimony is intended as a secondary remedy if, in the court’s opinion, an equitable resolution cannot be reached through equitable distribution alone.  If alimony is awarded, the court will determine how many years the alimony will be paid and the monthly alimony amount.  Alimony is taxable to the recipient and tax deductible to the payor.  This is because alimony is treated as an income stream to the recipient.

Jessica Pritchard & Lisa Gaier at the CBCC Red Ball Gala. 

Jessica Pritchard and her husband, Mark, enjoyed a lovely evening at  the CB Chamber of Commerce Red Ball Gala.

Ending a marriage is one of the most difficult things a person will experience.  Decisions made during the divorce process can have long ranging consequences both emotionally and financially.   Several complex issues must be evaluated and resolved, including child custody, support, and equitable distribution of marital property.  It is important to remember that equitable does not mean equal and that is why it is important to consult a family law attorney before making any decisions.  Our family law attorneys have the knowledge, understanding, and litigation experience to help you achieve the best possible outcome based upon the specific facts of your case. Many times this means amicably resolving the marital issues through a Marital Settlement Agreement.  The Marital Settlement Agreement must address all potential issues that could arise as a result of the divorce process.  For example, it should include specific details on the equitable distribution of marital property, such as distribution amounts from retirement accounts or whether one spouse will keep the marital home.  Other issues that may be resolved using a Marital Settlement Agreement include alimony, attorney’s fees, costs and expenses, and how to handle marital liabilities such as car loans and credit card debt.  A Marital Settlement Agreement can help avoid the expense of divorce litigation and our family law attorneys routinely negotiate “real-world” and equitable settlements.  However, if litigation cannot be avoided, you can be assured that we are strong advocates who will work vigorously to protect your interests.

Patty Collins, a Partner with Antheil, Maslow & MacMinn, will be joined by Cindy Bergvall, CPA,  of Bee, Bergvall & Co. for a panel discussion on new Department of Labor overtime regulations and their impact on employers.  This informative breakfast seminar is hosted by The Catalyst Center for Nonprofit Management on October 7th at Aldie Mansion in Doylestown.  There is no charge for this event, but registration is required. 

These new regulations will require action from almost every for-profit and not-for-profit organization with employees earning less than $47, 476 per year. Participants will learn about the changes in the law and what organizations will need to do when the law goes into effect on December 1, 2016.

Sunday September 11th was our 6th annual Client Appreciation BBQ.  It was a beautiful day in Doylestown, and many of our clients and friends enjoyed a fresh grilled lunch and a front row seat to the Thompson Bucks County Classic bike race.  

Antheil Maslow & MacMinn is very pleased to announce that a new Associate, Gabriel Montemuro, is joining our Litigation and Real Estate and Land Use practice groups. Gabe’s practice focuses on litigation, including commercial litigation, personal injury, estate and employment law. He represents clients regarding business disputes such as contract and employment issues, real estate litigation and fraud claims. Gabe also works with clients to provide assistance with land use and zoning issues such as land development approvals, variances, special exceptions and conditional use approvals.  He represents parties in real estate purchases and sales, including agreements of sale, where he  guides clients through the process to complete all obligations, responsibilities and contingencies to the agreement and provides oversight during the closing process.

Firm Partners Tom Donnelly and Jessica Pritchard attended Heritage Conservancy's Farm to Table Event at Manoff Market Gardens in New Hope on Saturday, August 6, 2016.  Antheil Maslow & MacMinn was proud to be a sponsor of this event.  Guests enjoyed a gourmet meal using farm-fresh and locally sourced ingredients.  Manoff Market Gardens is an active farm that is situated on a 35 plus acre Heritage Conservancy owned and preserved property.  This event highlights the importance of protecting our region's farmland. 

You are invited to join us:

When: Sunday, September 11th: 12:30 – 3:00.

What: Antheil Maslow & MacMinn's Annual Client Appreciation BBQ.

Where: AMM's Doylestown Office, 131 West State St. Doylestown.

We hope you’ll join us for some great food and refreshments and enjoy a fun afternoon in the heart of Doylestown!  This event includes a BBQ lunch and a front row seat to the Doylestown Arts Festival and Bike Race.

All of our clients and friends are welcome.

Prenuptial Agreements

A Prenuptial Agreement is simply a practical consideration of the legal and financial issues which should be considered by any couple prior to marriage.  If properly drafted, it provides peace of mind that your interests are protected in the event of a divorce.  Particularly for individuals or couples who bring significant wealth to the marriage or where one party brings a lot of debt, a premarital agreement isolates those assets and liabilities and streamlines the legal process.  In most cases, this is a very positive process which allows both parties to clarify and consider a range of important issues and agree on what actions they should take if certain circumstances occur.

Postnuptial Agreements

A postnuptial agreement is a legal contract signed after a couple enters a civil union or marriage. It dictates how the couple’s financial affairs and assets will be divided in the case of divorce or separation. Postnuptial agreements can spell out the division of all property acquired individually and together from both before and after the marriage. This document can also include details about incurring debts and spousal or child support.

There may be many reasons for married couples to consider a postnuptial agreement.  Some of the most common are in cases of second (or third) marriages with children from a previous marriage where parties may want to ensure that some assets go to their children, if one spouse steps out of the workforce to spend a significant amount of time caring for children in order to ensure financial security in the event of a divorce, or in cases where the financial status of either spouse has significantly changed.