Attorney Brian L Sobol's Legal Cases

Alimony

In re the Marriage of: Passolt and Passolt

Aug 22, 2011

OUTCOME: Court of Appeals reversed lower court and ruled that wife's earning capacity could be considered

Lower court ruled that wife's potential income could not be considered in setting initial award of spousal maintenance, when wife had been out of the work force for 25 years. I maintained that wife's ... ability to return to the work force and her earning capacity was a factor that had to be considered in determining an appropriate level of spousal maintenance

Family

In re the Marriage of: Duffey and Duffey

Dec 22, 1987

OUTCOME: In the only court of appeals decision to circumvent Nardini, the court of appeals agreed with me, and ruled that all of John's stock, including the increase in value during the marriage, was non-marital

John Duffey was the owner of a minority interest in his family company, Duffey Paper. John was able to trace each share of stock owned to gifts from his father. Under the controlling case at the time ... , Nardini, wife argued that the increase in the value of the stock during the marriage was marital. I maintained that unlike Nardini, John was not part of the management of the company, did not contribute to the increase in value of the stock during the marriage, and that accordingly, all of the stock interest should be deemed to be non-marital

Brian L Sobol's Legal Cases (2)

In re the Marriage of: Passolt and Passolt

In re the Marriage of: Duffey and Duffey