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The Research Center
|        ||1. Divorce Source: Cases of Interest: Death of Spouse|
Case law and analysis of divorce cases related to death of spouse. Visit Other Cases of Interest
|        ||2. Divorce Source: DEATH OF SPOUSE DURING DIVORCE ACTION |
(©1998) The husband had no equitable claim to the proceeds of life insurance policies owned by his wife, who died during the parties
|        ||3. Divorce Source: ABATEMENT OF DIVORCE PROCEEDINGS ON DEATH |
In the February 1998 issue, we considered the effect of death on equitable distribution proceedings. This article will update the case law in this area, paying particular attention to the North Carolina case of Brown v. Brown, ___ N.C. App. ___, 524 S.E.2d 89 2000.
|        ||4. Divorce Source: EFFECT OF SPOUSE'S DEATH DURING DIVORCE |
(©1999) The trial court did not abuse its discretion by awarding attorneys fees in the amount of $1,500 to the husband as a sanction for the wifes willful delay. A trial court
|        ||5. Divorce Source: DEATH AND EQUITABLE DISTRIBUTION |
(©1998) Does the death of a spouse during equitable distribution proceedings terminate any claim for equitable distribution? Abatement is the general rule, but several exceptions may apply, depending on the
|        ||6. Divorce Source: EFFECT OF SPOUSE'S DEATH DURING DISSOLUTION PROCEEDINGS |
(©1996) The right to equitable distribution survived the husbands death because the trial court had previously rendered a decision granting a divorce, even though it had not yet entered a judgment of divorce
|        ||7. Divorce Source: EFFECT OF SPOUSE'S DEATH ON ESCROWED FUNDS |
(©1995) When the husband died during the divorce proceeding, the trial court retained in rem jurisdiction to determine the ownership of escrowed proceeds from the sale of the parties home
|        ||8. Divorce Source: SPOUSE DYING PRIOR TO DIVORCE PROCEEDINGS |
(©1995) The dissolution proceeding did not survive the husbands death, and neither the competing interests of the husbands minor children nor public policy warranted deviating from the general rule against
|        ||9. Divorce Source: DEATH BEFORE DIVORCE AND EQUITABLE DISTRIBUTION |
(©1994) Since pending divorce action terminated because of husbands death, wife had right to elective share of husbands estate; fact that wife would receive more property by electing against will than she
|        ||10. Divorce Source: THE EFFECT OF DEATH AND REMARRIAGE ON STATE COURT ORDERS, DIVIDING SURVIVOR BENEFITS |
The division of retirement benefits is an area of law loaded with traps for the unwary practitioner. As most practitioners know, the great majority of all pension plans are regulated by the Employee Retirement Income Security Act ERISA. ERISA provides that retirement benefits cannot be transferred
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