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Where Estate Planning Meets Family Law: Strategies for Complex Divorce Clients

This program is designed for practitioners who serve private clients with estate planning and family law needs. These clients are often high-net-worth individuals or have complex family dynamics that require sophisticated planning strategies.

Experienced family law attorneys will gain valuable insights into potential gaps in property settlement agreements — insights that can offer their clients a strategic edge and help anticipate future, unforeseen needs. Likewise, estate planning attorneys will benefit from understanding how their work can affect clients navigating divorce or post-judgment challenges. The practical guidance provided in this presentation will enhance your ability to serve clients more comprehensively across both disciplines.

Duration of this webinar: 60 minutes

Originally broadcast: September 18, 2025 9:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Stacey M. Valentine, a partner at Avelino Law, LLP, is introduced as the speaker, specializing in trusts and estates practice. Stacey shares her experience in estate planning and family law, noting the overlap between these areas and her niche expertise. She plans to discuss strategies for complex divorce clients, focusing on the intersection of estate planning and family law.

05:07 Estate Planning and Divorce Overview

Stacey clarifies that she is not a family law attorney but collaborates with them to provide estate planning advice in divorce cases. She outlines the natural progression of life events leading to divorce and the importance of considering estate planning in this context. Prenuptial agreements are highlighted as essential for high-net-worth clients, although they are not foolproof and can be challenged during divorce settlements.

10:24 Prenuptial Agreements and Asset Protection

Stacey explains the use of trusts to protect assets from being commingled in marriage, emphasizing their role in maintaining separate property. She advises clients to gather information about family trusts and entities early in the relationship. Stacey discusses the distinction between estate planning and divorce planning, cautioning against actions that could be perceived as divorce planning. She suggests updating beneficiary designations and analyzing marital assets before filing for divorce. Stacey highlights the importance of reviewing trust powers and estate planning documents to ensure they align with the client's needs.

25:02 Trusts in the Divorce Process

Stacey emphasizes the importance of defining the term 'spouse' in estate planning documents, suggesting it should be based on the filing date or separation agreement. She discusses the implications of trust funding and asset titling in divorce, advocating for equal planning unless there is a valid reason for a disparity. Stacey stresses the importance of having disinterested third-party trustees to prevent claims of bias during divorce proceedings. She advises assembling a team of professionals early in the divorce process to shape strategy and avoid missed planning opportunities. Stacey shares an example of a family law attorney who failed to understand the impact of a trust on a divorce settlement, highlighting the importance of trust expertise.

38:00 Marital Settlement Agreements and Life Insurance

Stacey highlights the significance of drafting a comprehensive marital settlement agreement (MSA) that addresses estate planning concerns. She criticizes vague MSA terms regarding life insurance, advocating for clear trust agreements to ensure beneficiary protection. She suggests including provisions in the MSA for guardianship, trusteeship, and asset distribution to protect children's interests. Stacey warns that MSAs require enforcement mechanisms, since there are no automatic systems to ensure compliance.

45:03 Trusts and Litigation in Divorce

Stacey explains the role of trusts in divorce litigation, noting the complexity of involving trusts as interested parties in proceedings. She references the Tannen v. Tannen case in New Jersey, which set a precedent for excluding trusts from equitable distribution in divorce. She notes that trusts aren't usually funded in anticipation of divorce, emphasizing their primary purpose for estate and tax planning. Stacey discusses the challenges of proving fraudulent conveyance or improper funding in highly litigated divorces involving trusts.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker

Stacey M. Valentine Managing Partner
Avelino Law, LLP

Stacey M. Valentine is a partner at Avelino Law, LLP, working with A. Jude Avelino to lead the Trusts and Estates Practice group. A graduate of Colgate University and Washington & Lee University School of Law, Ms. Valentine leverages her extensive experience in analyzing, structuring and administering sophisticated estate plans to assist individuals and families in achieving their wealth planning goals. In an intricate and ever-changing complex area of the law, clients not only appreciate her vast knowledge, but also her unique ability to communicate clearly and plainly, avoiding overwhelming jargon. She makes the entire planning process straightforward and works tirelessly to make sure that her clients understand the implications of the plans they set in place. Read More ›

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

New Jersey CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: September 17, 2026

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: August 31, 2026

This presentation is approved for one hour of General CLE credit in California, and North Carolina. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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