Navigating Tax Implications in Divorce: Essential strategies for attorneys (including 1 hour of ethics)

Mark S. Gottlieb
Reuben Gottlieb
Donelle H. Ratheal
Mark S. Gottlieb | Mark S. Gottlieb, CPA, PC
Reuben Gottlieb | Mark S. Gottlieb, CPA, PC
Donelle H. Ratheal | Ratheal Family Law
On-Demand: August 26, 2024

2 hour CLE

Tuition: $195.00
Subscribe to myLawCLEs All-Acces Pass...
Get this course, plus over 1,000+ of live webinars.
Learn More
Training 5 or more people?

Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs

Program Summary

Session I – Navigating Tax Implications in Divorce: Essential strategies for attorneys - Mark S. Gottlieb and Reuben Gottlieb

Among the myriads of questions and dilemmas that arise during divorce, perhaps the ones attorneys find most daunting revolve around tax matters. This session covers critical areas including asset distribution, alimony, child support, retirement accounts, and innocent spouse relief. Participants will learn about recent legislative changes, relevant IRC regulations, and practical approaches to address tax implications in divorce settlements. The course material is based on expert insights and real-world scenarios frequently encountered in matrimonial law practice.

Key topics to be discussed:

  • Apply IRC Section 1041 to asset transfers and analyze tax implications of property division, including capital gains on residences
  • Distinguish tax treatments of alimony and child support, factoring in recent legislative changes
  • Navigate complex scenarios involving retirement accounts, QDROs, and stock options in divorce settlements
  • Utilize innocent spouse rules and relief options to protect clients from unfair tax obligations

Session II – Ethics for The New Family Law Practitioner – Donelle Rathael

This session is a general view of ethics for the practitioner beginning a family law practice. It includes practical tips on how to avoid situations that could lead to an informal or formal ethics complaint. It focuses on real life situations where a new family law practitioner’s mistake triggers an ethics complaint and investigation. It includes practical tips on how to respond to and successfully navigate through an ethics complaint.

Key topics to be discussed:

  • Building a retainer contract that can shield the practitioner from the client’s unrealistic expectations
  • Client letter templates and office procedures that can help resolve many of the “failure to communicate” problems
  • Documents that corroborate and support your due diligence in advising the client to comply with the law
  • Common sense recommendations to reduce the likelihood of the success of the client’s “failure to communicate” complaint
  • Internal protocols and practical tips to avoid the “improper use of client funds” complaint
  • Best practices in dealing with a pro se litigant, or a represented litigant who contacts you directly
  • Procedures and protocols to identify tainted or illegally obtained digital documents and evidence from your client
  • How to respond to an opposing counsel’s “bullying” tactics
  • When you should decline and/or terminate client representation

Closed-captioning available

Speakers

Mark S. Gottlieb_FedBarMark S. Gottlieb | Mark S. Gottlieb, CPA, PC

Mark S. Gottlieb leads MSG’s Business Valuation, Forensic Accounting & Litigation Support Practice headquartered in New York City. Backed by a substantial array of credentials that highlight his expertise, Mark specializes in financial matters, often the subject of litigation. These include shareholder disputes, business dissolutions, economic damage assessments, post-merger and acquisition conflicts, complex matrimonial matters, and an extensive range of forensic accounting and fraud examinations.

In the realm of financial investigations, Mark manages those engagements centered around appraising closely held businesses, uncovering alleged instances of asset misappropriations, untangling purported financial misstatements, and delving deep into the intricacies of corporate financial record-keeping. This investigative process frequently involves unraveling complicated financial documents, meticulously scrutinizing bank statements and accounting ledgers, and reconstructing financial records.

Mark’s wealth of experience underscores his commitment to upholding the professional standards crucial in such intricate scenarios, which often includes evaluating the alignment of subjects’ financial statements with the tenets of Generally Accepted Accounting Principles (GAAP). Many of the complex litigations he engages in stem from allegations of fraud, breaches of contractual representations and warranties, and a plethora of other business & financial claims.

Courts routinely appoint Mark and his firm to provide these services in these capacities. Beyond his court appointments, he serves as an expert witness, prolific author, engaging lecturer, and credentialed arbitrator.

 

Reuben Gottlieb_FedBarReuben Gottlieb | Mark S. Gottlieb, CPA, PC

Reuben Gottlieb is Director of Forensic & Litigation Support at MSG’s Business Valuation, Forensic Accounting & Litigation Support Practice headquartered in New York City. Mr. Gottlieb is an attorney, certified public accountant, and has earned a master’s degree in forensic accounting. He has represented private equity firms, public companies, and their portfolio companies in cases involving failed mergers, fraud, contractual disputes, including cases in the Delaware Chancery Court.

Prior to joining MSG, Reuben worked as a corporate governance & litigation associate at a large national law firm and is a former associate at Deloitte. He was a health law and policy fellow at Brooklyn Law School and as a judicial intern for the Honorable James d’Auguste of the New York State Supreme Court, Civil Division.

 

Donelle H. Ratheal_FedBarDonelle H. Ratheal | Ratheal Family Law

Donelle is a nationally recognized and respected family law trial and appellate attorney with an outstanding record of client representation for over thirty (30) years. Her focus is on the exemplary practice of complex matrimonial and family law representation at all stages. She has a demonstrated history of successful outcomes at trial, in settlement and on appeal. She has extensive appellate representation, resulting in several published opinions. She is the author of published and award-winning articles on substantive and law practice issues. She is a continuing education speaker and author for Oklahoma (OBA/NBI) and national (ABA/NBI/myLawCLE) seminars and conferences.

Donelle experience include but is not limited to Trial and Appellate Practice, Complex Matrimonial and Family Law Cases, National and International Representation: Divorce and Paternity, original and post-decree enforcement/modification; enforcement of Hague Convention treaties; national/international relocation of children; grandparent and third-party rights; stepparent and AWOC adoptions; forensic identification of hidden marital assets; above the guideline child support and transitional support alimony; family business dissolution; Thielenhaus and related property issues; use of forensic and custody experts; appellate writs and appeals.

Agenda

Session I – Navigating Tax Implications in Divorce: Essential strategies for attorneys | 2:00pm – 3:00pm

  • Apply IRC Section 1041 to asset transfers and analyze tax implications of property division, including capital gains on residences
  • Distinguish tax treatments of alimony and child support, factoring in recent legislative changes
  • Navigate complex scenarios involving retirement accounts, QDROs, and stock options in divorce settlements
  • Utilize innocent spouse rules and relief options to protect clients from unfair tax obligations

Break | 3:00pm – 3:10pm

Session II – Ethics for the New Family Law Practitioner | 3:10pm – 4:10pm

  • Building a retainer contract that can shield the practitioner from the client’s unrealistic expectations
  • Client letter templates and office procedures that can help resolve many of the “failure to communicate” problems
  • Documents that corroborate and support your due diligence in advising the client to comply with the law
  • Common sense recommendations to reduce the likelihood of the success of the client’s “failure to communicate” complaint
  • Internal protocols and practical tips to avoid the “improper use of client funds” complaint
  • Best practices in dealing with a pro se litigant, or a represented litigant who contacts you directly
  • Procedures and protocols to identify tainted or illegally obtained digital documents and evidence from your client
  • How to respond to an opposing counsel’s “bullying” tactics
  • When you should decline and/or terminate client representation

Credits

Alaska

Approved for CLE Credits
1 General, 1 Ethics

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
1 General, 1 Ethics

Arkansas

Approved for CLE Credits
1 General, 1 Ethics

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
1 General, 1 Ethics

California

Approved for CLE Credits
1 General, 1 Ethics

Colorado

Pending CLE Approval
1 General, 1 Ethics

Connecticut

Approved for CLE Credits
1 General, 1 Ethics

District of Columbia

No MCLE Required
1 General Hour

Delaware

Pending CLE Approval
1 General, 1 Ethics

Florida

Approved via Attorney Submission
1 General, 1 Ethics Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
1 General, 1 Ethics

Hawaii

Approved for CLE Credits
1 General, 1 Ethics

Iowa

Pending CLE Approval
1 General, 1 Ethics

Idaho

Pending CLE Approval
1 General, 1 Ethics

Illinois

Approved for Self-Study Credits
1 General, 1 Ethics

Indiana

Pending CLE Approval
1 General, 1 Ethics

Kansas

Approved for Self-Study Credits
1 General, 1 Ethics

Kentucky

Pending CLE Approval
1 General, 1 Ethics

Louisiana

Pending CLE Approval
1 General, 1 Ethics

Massachusetts

No MCLE Required
1 General Hour

Maryland

No MCLE Required
1 General Hour

Maine

Pending CLE Approval
1 General, 1 Ethics

Ethics credits can ONLY be earned through Live-Webcast programs, the Maine Board of Bar Examiners does not approve Ethics through On-Demand sessions.
Michigan

Approved via Attorney Submission
1 General Hour

Minnesota

Approved for Self-Study Credits
1 General, 1 Ethics

Missouri

Approved for Self-Study Credits
1.2 General, 1.2 Ethics

Mississippi

Pending CLE Approval
1 General, 1 Ethics

Montana

Pending CLE Approval
1 General, 1 Ethics

North Carolina

Pending CLE Approval
1 General, 1 Ethics

Nebraska

Pending CLE Approval
1 General, 1 Ethics

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 General minutes, 60 Ethics minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 General, 1.2 Ethics

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
1 General, 1 Ethics

Nevada

Pending CLE Approval
1 General, 1 Ethics

New York

Approved for CLE Credits
1.2 General, 1.2 Ethics

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
1 General, 1 Ethics

Oklahoma

Approved for CLE Credits
1 General, 1 Ethics

Oregon

Pending CLE Approval
1 General, 1 Ethics

Pennsylvania

Approved for Self-Study Credits
1 General, 1 Ethics

Rhode Island

Pending CLE Approval
1 General, 1 Ethics

South Carolina

Pending CLE Approval
1 General, 1 Ethics

South Dakota

No MCLE Required
1 General Hour

Tennessee

Approved for Self-Study Credits
1 General, 1 Ethics

Texas

Approved for CLE Credits
1 General, 1 Ethics

Utah

Pending CLE Approval
1 General, 1 Ethics

Virginia

Not Eligible
1 General Hour Hours

Vermont

Approved for CLE Credits
1 General, 1 Ethics

Washington

Approved via Attorney Submission
1 Law and Legal, 1 Ethics Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

Ethics credits can ONLY be earned through Live-Webcast programs, the Wisconsin Board of Bar Examiners does not approve Ethics through On-Demand sessions.
West Virginia

Pending CLE Approval
1 General, 1 Ethics

Wyoming

Pending CLE Approval
1 General, 1 Ethics

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


Register Now

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


More CLE Webinars
Upcoming CLE Webinars
Real Estate LLC Disputes
Real Estate LLC Disputes Wed, April 23, 2025
Live Webcast
Government Contracts 101 (2025 Edition)
Government Contracts 101 (2025 Edition) Thu, April 24, 2025
Live Webcast
Abating Tax Penalties (2025 Edition)
Abating Tax Penalties (2025 Edition) Thu, April 24, 2025
On-Demand
Live Replay
1031 Exchanges 101 (2025 Edition)
1031 Exchanges 101 (2025 Edition) Tue, April 29, 2025
On-Demand
Live Replay
AI and the Law: Tools, Risks, and Ethical Dilemmas
AI and the Law: Tools, Risks, and Ethical Dilemmas Wed, April 30, 2025
Live Webcast
The Use of Deepfake AI Evidence in Court
The Use of Deepfake AI Evidence in Court Wed, April 30, 2025
Live Webcast
IRS Offers-in-Compromise (2025 Edition)
IRS Offers-in-Compromise (2025 Edition) Wed, April 30, 2025
On-Demand
Live Replay