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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, May 3, 2012

Recorded event now available

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Course Materials

This CLE course 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?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Gary R. Botwinick
Gary R. Botwinick

Einhorn Harris Ascher Barbarito & Frost

He chairs his firm's Taxation/Trusts & Estates Department. He is a Fellow of the American College of Trust and...  |  Read More

Barbarito, Patricia
Patricia M. Barbarito

Einhorn Barbarito Frost & Botwinick

Thirty-eight years ago, Pat Barbarito started her law career at Einhorn, Barbarito, Frost & Botwinick, PC when it...  |  Read More

Andrew S. Auchincloss
Andrew S. Auchincloss

Schlesinger Lazetera & Auchincloss

Mr. Auchincloss focuses his practice on estate and investment planning strategies under U.S. law for U.S. and non-U.S....  |  Read More

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