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Family Law Attorneys

January 2016 Archives

What are the common misconceptions of alimony?

Spousal support, commonly referred to as alimony, is the payment from one spouse to another either ordered by the family court or agreed-upon in a divorce settlement agreement. Alimony is designed to limit any unfair economic advantage one spouse has over another. It can be ordered as rehabilitative, temporary or permanent. While there are several factors to consider when determining eligibility for alimony, the family court typically looks at the financial condition of each spouse both before and after the divorce.

A later life divorce may open you up to greater financial loss

Divorce is the last thing that many seniors want to worry about, yet late life divorce is a growing trend. At a time where the main concern is estate planning and retirement, thousands of seniors are opting to take on their golden years single. Although this growing trend may not have too much of an impact on family law issues like custody and child support, late life divorces do have the potential to impact a seniors financial well-being.

How does a qualified domestic relations order work?

A qualified domestic relations order, commonly known as a QDRO, is a court order allowing someone other than the original plan participant to receive money from a retirement account. For many individuals, especially those divorcing later in life, retirement accounts represent a significant investment and, therefore, are often subject to property division.

Mediating for child custody

Child custody is one of the most argued issues during divorce proceedings. Family court uses the common model of what is in the best interests of a child when determining custody arrangements. This model usually suggests that maximized time spent with both parents is almost always in the child's best interests. While this belief is fairly straightforward and easy to understand, many divorcing parents still argue over custody. These heated arguments and hurt feelings very often spill over into divorcing parent's home lives. In order to avoid the damaging effects this anger can have on children, divorcing parents may want to consider mediation as a way to reach a custody agreement.

Can spouses decide property division?

Occasionally, divorcing spouses are in agreement about the dissolution of their marriage. While it isn't extremely common, some couples can even agree on custody, spousal support and property division. Many times financially related issues like spousal support and custody are based on specific income information and a percentage which may allow them to be decided on early in the divorce process. Property division, on the other hand, has no equation, and what you and your soon-to-be ex believe to be fair may not be what the family court judge has in mind. It is important for divorcing spouses to understand that the process of property division is not over until the judge says it is.

In what type of separation can I receive alimony?

Occasionally, married individuals will choose to go their separate ways but remain married. This condition is known as separation. For many, the confusing part of separation is understanding that separation comes in four different forms. These four different types of separation are identified by their legality, orders and living arrangements. In all but one of these four types, support orders such as child support and alimony are not ordered by the family court. However, legal separation does allow for these types of payments.

Plan for business appreciation before divorce

Even the most well-prepared individuals sometimes overlook important aspects of their situation that come back to haunt them later. In reference to marriage and divorce, many individuals find it too overwhelming to consider everything that may impact their financial well-being. However in the event you own your own business and get married, preparation and planning are crucial to protecting your interests.

Inheritance and how it is affected in divorce

Generally speaking, an inheritance received by one spouse during a marriage is not subject to property distribution in divorce. Even though each state has its own laws regarding how it is viewed in divorce, typically inheritance received both before and during a marriage is not affected by equitable distribution.