By Alexander Nirenstein, Nirenstein & Garnice PLLC

Featured Article in Scottsdale Airpark News

When a principal in a closely held business goes through a divorce, there are serious implications for the business as well as for the individual. Here are several questions to consider.

Separate Property or Community Property?

The first consideration is whether the business interest is community or separate property. A court cannot divest a party of his or her separate property interest. The income generated from the business will generally be community property, even if the underlying business is separate property. But if the compensation received by the community is inadequate, the spouse may be able to recover on a claim for reimbursement for the increased value of the separate business to the extent generated by the principal’s time, toil and talent.

The Arizona Court of Appeals, Division One hears case regarding ex parte order of protection and “complete unrelentless harassment” through text and e-mail messages despite procedural issues, i.e., timeliness, mootness. “Hundreds” of messages were found to have been made, and although, the messages did not specifically state that the respondent was going to “kill him”, […]

Nirenstein Garnice Partner Victor Garnice was recognized by a Maricopa County Superior Court Family Law Judge for his superior skills in a recent divorce case. The Court specifically stated “Both parties counsels’ have assisted them very well and have conducted this litigation in a very professional and courteous manner while continuing to be heartfelt advocates […]