Oftentimes folks who are getting a divorce, do not think about estate planning concerns but this is an especially important issue for multi-generational farm and ranch families, Read my fact sheet with the National Agriculture Law Center on this very topic here. All of the family law issues in agriculture Fact Sheets can be found here.
Equitable distribution (“ED”) is the allocation of the marital estate in a divorce. Importantly, not all states are equitable distribution states; instead, states like Texas and California are community property states. The majority of states are equitable distribution states, but it is important to confirm this with a licensed attorney in the applicable jurisdiction. In way of background, property in …
Child support in most states is largely formulaic (i.e., a math equation)– basic support is typically calculated by looking at the income and qualified deductions of each parent. However, for most involved in farming and ranching or other kind of agri-business, finding the numbers for the math equation is anything but straightforward. This figure is also used to help calculate …
Spousal maintenance in some states is formulaic, while others rely on case law. In either scenario, there needs to be a determination of income (not assets). For most involved in farming and ranching or other kinds of agri-business, determining income is anything but straightforward. Typically, a spouse is required to pay for his/her health insurance after the divorce, but if …
Prenuptial agreements are oftentimes viewed as taboo; instead, farmers, ranchers, agribusiness owners, and food entrepreneurs should view prenuptial agreements like an insurance policy for a marriage. Nobody gets on an airplane thinking that it is going to crash, but you still go over the safety instructions. A prenuptial agreement simply notes the safety instructions in case the marriage terminates for …
An Order of Protection is available for parties who are being stalked, harassed, or abused by their partner (physically, verbally, or sexually). It is available not only for romantic relationships (e.g., spouse, boyfriend/girlfriend), but also other family relationships (e.g., between a farmer landlord uncle and farmer tenant niece). Although the procedures for filing and defending against an order of protection …
Most parties going through a divorce do not consider the option of keeping the farm business intact. Everyone’s brains (including the lawyers’) typically go to dividing the farm/ranch assets, along with its inventory. However, there is another option: keeping the business intact. This has several advantages, especially if this is a multi-generational farm family business. This requires careful planning and …
It is uncommon for agriculture producers and business owners to consider estate planning and succession planning for their agriculture operation in the midst of a divorce; however, divorcing farm families should consider this while negotiating the division of marital assets. These assets may include the farm or ranch business and its assets. After all, divorce is one of the Big …
Divorces among farm families inherently have animal issues – not only with live animals but also with genetic material (e.g., embryos, semen). These are important property disputes for some farm families. Depending on the state, companion animals can be treated differently. Companion Animals To begin, companion animals typically include dogs and cats, but can also include some exotic animals and …
Cryogenically frozen embryos are a very unique type of marital property, to say the least. They represent two divorced people having a baby. Dividing this unique, and emotionally charged, property hinges on balancing one party’s interest in not being forced to procreate after a divorce and the right of the other party to have a biological child, which in most …