Family Law and Estate Planning Issues Before, During and After Divorce

Evaluating the Impact of Pre- and Post-Nuptial Agreements, Trusts, Gifting, and Revisions to Estate Plans

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, May 3, 2012
Recorded event now available

This CLE webinar will prepare family law attorneys to identify and consider the estate planning issues that arise prior to the marriage, at all stages of a divorce, and after the conclusion of the divorce action. The panel will outline important estate planning strategies for divorcing clients.


Family law practitioners need a thorough understanding of the myriad of estate planning issues that can arise prior to marriage, during the marriage but prior to filing for divorce, after the divorce action is filed, and following a divorce.

Before marriage, counsel must consider issues involving pre-nuptial agreements and domestic asset protection trusts. During the marriage questions arise concerning post-nuptial agreements, gifting, trusts, unilateral dissipation of marital assets, and beneficiary designation changes.

Survivor benefit considerations may impact the timing of the divorce filing. After the divorce decree has been entered, clients should execute a new will, a new living will and healthcare proxy, and revise beneficiary designations, particularly those governed by ERISA/REA.

Listen as our panel of experienced family law practitioners discusses the impact estate planning strategies can have on a divorce action, outlining critical estate planning issues that family law counsel should evaluate during their client's case.


  1. Estate planning issues prior to divorce
  2. Estate planning considerations during the divorce action
  3. Estate planning tips after the conclusion of the divorce


The panel will review these and other key questions:

  • Under what circumstances can unilateral gifting or establishment of trusts be considered dissipation of the marital estate?
  • How can estate planning issues impact the timing of instituting the divorce action?
  • What estate planning issues need to be addressed during the divorce proceeding?


Gary R. Botwinick, Partner
Einhorn Harris Ascher Barbarito & Frost, Denville, N.J.

He chairs his firm's Taxation/Trusts & Estates Department. He is a Fellow of the American College of Trust and Estate Counsel. He is a frequent lecturer at CLE events and authors articles on the intersection of family law and estate law.

Patricia M. Barbarito, Partner
Einhorn Harris Ascher Barbarito & Frost, Denville, N.J.

A Fellow of the American Academy of Matrimonial Lawyers and a Certified Matrimonial Law Attorney, she handles cases in the area of divorce, custody, domestic violence and related areas. She was a recipient of the Saul A. Tischler Award in recognition of her substantial impact upon the development of family law and the legal profession. She is a prominent speaker at family law CLE programs.

Andrew S. Auchincloss, Sr. Vice President and Director—Wealth Management Group
AllianceBernstein, New York

He focuses on tax and investment planning strategies for offshore individuals and families. Previously, he was with the multinational law firm White & Case LLP, where for 18 years he represented international and domestic families, charities and financial institutions in the context of tax, estate planning and fiduciary law. He has been listed in Best Lawyers in America.


Recorded Event

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CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID*, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)

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On-Demand CLE - Audio Recording

Includes streaming audio of full program plus handouts (available 24 hours after live program).

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*Not available for transitional attorneys in NY.

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Family Law Advisory Board

Gunnar J. Gitlin


Gitlin Law Firm

Lynne Z. Gold-Bikin


Weber Gallagher Simpson Stapleton Fires & Newby

Randall M. Kessler

Founding Partner

Kessler & Solomiany

Paula G. Kirby

Paula G. Kirby

Christopher C. Melcher


Walzer & Melcher

Julia Swain


Fox Rothschild

Charles F. Vuotto, Jr.


Tonneman Vuotto Enis & White

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