Agenda / Content Covered

11:00 am to 6:00 pm Eastern Standard Time

Dividing Marital Assets

1. QDROs and Retirement Plans - Navigating Through the Challenges
   11:00 - 11:45, Terrence J. Benshoof
   
   1. Identifying Types of Retirement Plans
   2. Qualified Defined Benefit Plan Considerations
   3. Defined Contribution Plan Issues
   4. Working With Non-Qualified Pensions
      1. Military Pension and Benefits
      2. State, Federal (FERS), and Municipal Retirement Plans
      3. Railroad Retirement Benefits, Tiers
      4. Public Employees Retirement Fund (PERF) and Firefighters
   5. Nonqualified Retirement Plans
2. Trusts - Defining Present and Future Value
   11:45 - 12:15, Terrence J. Benshoof
   
   1. Finding all Trust Assets
   2. Proving/Disproving Trusts as Divisible Assets
   3. Asset Management Considerations for a Disabled Spouse
   4. Tax and Transfer Fee Considerations
3. Protecting Your Client's Business Interests in Divorce
   12:30 - 1:15, Daniel J. Hoff
   
   1. Discovery of Business Records
   2. Locating Hidden Business Assets
   3. Working With Financial Experts
   4. Valuation of the Business - Understanding the Report
   5. Family Businesses: Buyout vs. Sale vs. Dissolution
4. Locating Undisclosed Assets and Income
   1:15 - 1:45, Tifanne E.E. Wolter
   
   1. Obtaining Critical Documents (w/Checklist)
   2. Tax Returns - Spotting Red Flags
   3. Analyzing Financial Records and Account Statements
   4. Trusts - Are They Being Used to Hide Assets?
   5. Social Media, Email and Text Evidence - Reading Between the Lines

Debt Division and Tax Considerations

5. Bankruptcy - Understanding How it Impacts Divorce
   2:15 - 3:00, Daniel J. Hoff
   
   1. Bankruptcy Before or After Divorce
   2. Individual vs. Joint Filings
   3. Marital vs. Non-Marital Property
   4. Domestic Support Requirements
   5. Chapter 7 vs. Chapter 13
   6. The Impact on Spouse Not Filing Bankruptcy
6. Real Estate in Divorce
   3:00 - 3:30, Tifanne E.E. Wolter
   
   1. Determining the Value of the Property
   2. Allocating Equity Between Spouses Premarital Property
   3. Tax Basis of Assets: Review of Capital Gains and Losses
   4. Sale or Transfer of Property
   5. Tax Liability in the Transfer of Real Property
   6. Out-of-State Property - Jurisdiction Considerations
   7. Foreclosure Issues
7. Credit Card, Gambling, Education and Other Debts
   3:30 - 4:00, Tifanne E.E. Wolter
   
   1. Combing Through Credit Reports
   2. Determining Liability for Debts
   3. Assessing Each Spouse's Role in Incurring the Debt
   4. Proving Which Spouse Incurred the Debt
8. Tax Considerations in Divorce
   4:15 - 5:00, Terrence J. Benshoof
   
   1. Filing Status of Divorcing Parties
   2. Reading Complex Tax Forms
   3. Tax Impact of Dividing IRAs, Keogh Plans, Retirement Accounts/Pension Plans
   4. Spousal Support and Child Tax Consideration
   5. Itemized Deductions, Real Estate Taxes and Mortgage Interest
   6. Gift and Estate Taxes in Divorce
9. Ethics
   5:00 - 6:00, Tifanne E.E. Wolter
   
   1. Rules of Professional Conduct
   2. Conflicts of Interest
   3. Attorney Fees
   4. Confidentiality and Disclosure Issues

Accreditation Details:

TERRENCE J. BENSHOOF holds a law degree (J.D.) and a Master of Law in taxation (LL.M.) from De Paul University. He has more than 48 years of experience in a variety of family, taxation, and business law areas. Mr. Benshoof is of counsel to the firm of Calabrese Associates, P.C., in Warrenville, Illinois. As a practitioner, he has focused, in the family law area, on matters concerning divorce actions involving military spouses, military pay and benefit issues, retired pay division, and application of the Service Members Civil Relief Act. He also practices in the area of general taxation, business tax planning, trusts and estates, real estate, and commercial litigation. A retired lieutenant colonel in the Army Reserve, Judge Advocate General’s Corps, he serves as national judge advocate (general counsel) for the 45,000 member Reserve Officers Association of the United States, and has served on its Board of Directors for five years. He is currently the referendary general (chief judge of the tribunal) of the Sovereign Military Order of the Temple of Jerusalem. He also serves on the Board of Directors of the Midwest Shelter for Homeless Veterans in Wheaton, Illinois.

DANIEL J. HOFF is an attorney with Hoff, Bushaw & Matuszak, LLC, where his areas of practice include divorce, child custody and placement, post divorce, child support, spousal support, paternity, personal injury, and real estate. Mr. Hoff has been a practicing trial attorney for more than 30 years and is also an experienced family law mediator. He is a former president of the Outagamie County Bar Association, chairman of the Outagamie Commissioners of Condemnation 1982 to present, and past assistant corporation counsel for Outagamie County. Mr. Hoff has been appointed by the Outagamie County Circuit judges to act as interim court commissioner during vacancies and family leave. In this capacity, he presided over bond hearings, intakes, small claims trials, and motions. Mr. Hoff is admitted to practice in Wisconsin and before the U.S. District Court, Eastern District of Wisconsin and the U.S. District Court, Western District of Wisconsin. He is a member of the State Bar of Wisconsin and the American Bar Association. He has served as a member of the State of Wisconsin Access to Justice Committee since 2013 and will serve as its president this year. He is also the president of Fox Cities Victim Crisis Response, LLC. Mr. Hoff earned his undergraduate degree from the University of Minnesota and his Juris Doctorate degree from the University of Wisconsin Law School.

TIFANNE E.E. WOLTER is an attorney with Henningson & Snoxell Ltd. She has practiced family law exclusively for more than a decade. Ms. Wolter has assisted a wide array of clients with divorce, custody, paternity, child support, third party custody, parenting time, and domestic abuse matters. She is trained in collaborative divorce and mediation, and, upon graduating from law school, she obtained a certificate in dispute resolution from Hamline University School of Law. After earning her Juris Doctorate degree, Ms. Wolter worked for Legal Aid and helped victims of domestic abuse and low income clients with family law issues. She is the past chairperson and representative to the assembly for the Minnesota State Bar Association (Family Law Section). Ms. Wolter has been involved with the Family Law Section for many years. Previously she was the vice chairperson and chairperson of publications. She earned her B.A. degree from Concordia College, Moorhead, Minnesota and her J.D. degree from Hamline University School of Law, St. Paul, Minnesota.