Blogs

Divorce and Family Law

Divorce, Child Support and Alimony

Child support and alimony are often among the most financially significant and contested issues in a divorce, but Virginia law treats them differently. In this Bean, Kinney & Korman article, James W. Korman explains that child support is generally determined through statutory guidelines based on parental income, custody arrangements, health insurance costs, and childcare expenses, while alimony is more discretionary and depends on factors such as the length of the marriage, the parties’…

October 16, 2013

Divorce and Family Law

Divorce and the Professional: Division of Property and Business Interests

Divorce can create especially difficult property division issues for professionals, business owners, and individuals with stock options or ownership interests in closely held companies. In this Bean, Kinney & Korman article, James W. Korman explains that equitable distribution laws can treat business interests, stock, deferred compensation, and professional practices as marital property subject to division. The article notes that even where one spouse built the business independently,…

August 7, 2013

Divorce and Family Law

When You Are Divorced, What Happens to Child Custody if a Parent Moves?

Relocation after divorce can significantly affect custody and visitation arrangements, especially when one parent wants to move far enough away to disrupt the existing parenting schedule. In this Bean, Kinney & Korman article, James W. Korman explains that Virginia courts evaluate relocation requests under the “best interests of the child” standard rather than automatically allowing or prohibiting a move. The article notes that courts will consider factors such as which parent has been the…

June 11, 2013

Divorce and Family Law

How Is Child Custody Determined?

Child custody decisions are driven by one central principle: the best interests of the child. In this Bean, Kinney & Korman article, James W. Korman explains that Virginia courts look at a broad range of practical factors when determining custody, including each parent’s involvement in the child’s daily life, the quality of the parent-child relationship, the parent’s ability to provide stability, and any concerns about abuse, neglect, substance abuse, or other forms of parental unfitness. The…

May 3, 2013

Divorce and Family Law

Emergency Points if a Divorce is Impending: Financial Accounts and Personal Property

When divorce appears likely, one of the biggest immediate risks is that a spouse may begin dissipating assets, moving money, or taking control of jointly held property before any formal court orders are in place. In this Bean, Kinney & Korman article, James W. Korman explains that individuals considering separation should promptly review joint bank accounts, brokerage accounts, credit cards, debit cards, safety deposit boxes, and valuable personal property. The article notes that either party…

March 27, 2013

Divorce and Family Law

Separated But Not Divorced: Don’t Wait to Update Your Estate Plan

Separation alone does not automatically remove a spouse from an estate plan, which means delaying updates can create serious unintended consequences if one spouse dies before the divorce is finalized. In this Bean, Kinney & Korman article, the analysis explains that under Virginia law, a separated spouse may still retain inheritance rights, elective share rights, and authority under existing powers of attorney until a divorce decree is entered. The article notes that individuals who are…

February 1, 2013

Divorce and Family Law

Marriage, Divorce and Your Business

Divorce involving a privately held business can become significantly more complicated because the business itself may be treated as marital property subject to valuation and division. In this Bean, Kinney & Korman article, James W. Korman explains that closely held businesses often create disputes over valuation methods, ownership interests, goodwill, income streams, and whether the business should be sold, divided, or retained by one spouse in exchange for other assets. The article notes that…

September 16, 2012

Divorce and Family Law

Estate Planning and Divorce: What to Consider When You’re Separating or Divorced

Divorce can disrupt even a carefully prepared estate plan because many estate planning documents assume a spouse will continue serving as beneficiary, executor, trustee, or agent. In this Bean, Kinney & Korman article, the analysis explains that people going through separation or divorce should review wills, trusts, beneficiary designations, powers of attorney, and advance medical directives as early as possible. The article notes that jointly owned assets may need to be retitled, beneficiary…

May 1, 2012