Depending on a couple's financial situation, one of the most important things to look at can be the home because it is usually the largest asset a married couple possesses. Other assets often include retirement accounts, pensions, stock options, deferred compensation and other implied benefits. Even if these assets are not jointly owned property, the issue could later crop up and be considered during the division process.
]]> Assessing spending habits can also be helpful both before and after the divorce becomes final. Knowing how much couples spend each month can help them determine if they will need an adjustment in their living or employment situation. This could also help divorcing couples decide if one spouse can keep the family home or whether they may need to sell it to ease their financial situations.Florida couples attempting to divide marital property should be aware of their current financial situations when they are planning to divorce. Knowing one's financial health can not only ease the property division process, but could also help it run smoother because there probably will not be any surprises once a settlement is addressed. Not knowing the value of one's assets or the state of one's finances could have a negative effect on a divorce settlement.
Source: Fox Business, "Five Things to Know About Your Finances Before a Divorce," Cindy Vanegas, May 4, 2012.
]]>Getting divorced is rarely easy. For many people, there may be anger or bitterness toward a soon-to-be ex that can sometimes creep into divorce proceedings. One recent news story highlighted a new phenomenon in divorce: using spy technology to snoop on a spouse. Some parents even turn to their children to find dirt on the other parent to use in any negotiations or related litigation.
]]> For one father who had recently divorced from his wife, this phenomenon was far too real. His ex-wife had apparently sewed a recording device into their child's jeans so that she could record what was going on in his environment. Whether their son was aware is unclear; however, it illustrates how messy some family law issues can become when ex-spouses have trouble agreeing on terms.Recording devices and other spy equipment can easily be found online and used by anyone. However, most do not recommend it as it can be considered an illegal invasion of privacy in some situations.
As this rising issue shows, divorce is no simple issue and is often very emotional. However, spying is not always the best way to get what you want -- and bringing your children into it may end up making things even worse. While gathering dirt on a spouse can be tempting, couples who are going through a divorce may find it helpful to speak with experienced professionals in order to obtain a fair and equitable settlement that is right for both people.
Source: Houston Chronicle, "Spy gadgets infiltrate divorces as domestic snooping booms," Mike Tolson, April 29, 2012
]]>A frank discussion with a partner about finances, debts and other assets may be necessary to prevent hurt feelings and misunderstandings down the road. Deciding whether or not to maintain previously owned property jointly or separately can be an issue between couples as can debts that come up as a surprise later in the marriage. Using a prenuptial agreement may help prevent lingering questions because everything is in writing and is enforceable as a contract.
]]> An agreement can cover care of children from a previous relationship in relation to assets but also helps people come to terms with what will and will not be shared with a new spouse. An agreement can also cover such sticky issues as who will inherit property if a spouse passes away or what type of monetary settlement will apply in the event of divorce.Protecting assets is extremely important for older Florida couples, so a prenuptial agreement may be a good idea. Marrying later in life brings its own set of risks, and it is probably a good idea to consider the state of one's finances before a wedding so as to protect financial status in the future. Doing so can pave the way for a marriage where property and assets are clear-cut in the beginning with hopefully no future misunderstandings about them down the road.
Source: Fox News, "Putting the 'Aged' in Engaged: Financial Tips for Late Marriages," Julie Bawden-Davis, April 19, 2012
]]>The initial filing shocked those who follow celebrity culture because Annie's divorce filing also sought an order of protection against her spouse. Her husband's representatives quickly responded and claimed that the divorce filing came a day after the family attempted to stage an intervention for Annie's purported drinking problem. The temporary arrangement now claims that neither side has been found guilty of wrongdoing, and both have declined to comment on the truce, purportedly because the judge assigned to their divorce case has issued a gag order preventing them from discussing details of the litigation.
]]> Bob Weinstein is a Hollywood powerhouse and has produced such movies as "The King's Speech" and "The Lord of the Rings," and is also a business partner and the brother of another notable movie producer, Harvey Weinstein. With millions of dollars potentially at risk, the cease fire comes after the clients and their representation spent hours privately consulting with a judge in an attempt to reach a settlement.The couple has been married for 12 years and lived together in a townhome said to be worth $15 million. There is an unconfirmed statement that the couples have a prenuptial agreement in place. As many Florida readers undoubtedly know, the existence of a valid prenuptial agreement could go a long ways toward resolving outstanding issues in this high-asset divorce, though it remains to be seen how the litigation will proceed.
Source: New York Post, "Weinstein's slap-happy ending on divorce," Dareh Gregorian, April 14, 2012
]]>If you stay in the loop with celebrity dating and breakups, then you were likely aware of the Marc Anthony and Jennifer Lopez breakup last June. Anthony has made this official by recently filing for divorce . In his petition, he cited irreconcilable differences as the reason for ending their marriage. The couple had been married for seven years and has twin children. Anthony is requesting joint custody. The marriage to J. Lo was Anthony's second and the third marriage for Lopez.
]]> While it is possible that this high-asset divorce will be resolved quietly, quickly and without protracted complications, it is also possible that the parties may not agree on such issues as property division, child custody and visitation. These disagreements are as common in high-asset divorces as any others, whether a celebrity is involved or not.While we don't have much information yet, it will be interesting to see whether Anthony and Lopez signed a prenuptial agreement before getting married. Prenuptial agreements are common among those who have substantial assets and can detail plans should a divorce become necessary. As some Florida couples may know, prenuptial agreements can also give a couple a good reason to have an honest discussion about finances that can not only make a divorce easier, but make the marriage run smoothly as well.
Source: CBS News, "Marc Anthony files for divorce from Jennifer Lopez," April 11, 2012
]]>The bill is being backed by 63 members of the House Armed Services Committee, and while the bill has had some success in making its way through the halls of Congress, it has never been formally passed into law. The provisions would prevent courts from making permanent changes to child custody agreements for a deployed military member or from making the decision to deem a parent unfit solely due to their military service. The bill has been approved six times by the House, five times as a provision that was tagged on to the annual defense policy and once as an individual measure.
]]> However, each time the Senate Armed Services Committee has failed to pass the legislation. Supporters of the bill are hopeful that having the support of all members of the House Armed Services Committee will influence others to change their mind in passing the measure in this legislative session. If the bill is passed, the only way the courts could modify or amend an existing child custody order would be if it is deemed to be in the best interests of the child. The bill would also prevent courts from making custody decisions based upon current deployment status or possible future deployments.If passed, this child custody bill may alleviate the fears of military members serving from Florida throughout the world. Making a decision to defend the United States is a courageous one. Many feel that limiting the ability of a military parent to see their child due to decisions over which they have no control degrades the sacrifices that parent has made in order to make the country a better place.
Source: Air Force Times, "Bill would strengthen child custody protections," Rick Maze, April 2, 2012
]]>When baby boomers break up, the financial hit they take can be devastating. Baby boomers are not as likely as their parents to have reliable retirement pensions and savings. Also, single baby boomers may face more economic difficulties than their married counterparts, and unmarried senior citizens are likely to find themselves living in subsidized housing.
]]> Typically, baby boomer couples pondering divorce usually have a sizeable net worth, at least when compared to 20-somethings who are considering divorce. This can make negotiations during a divorce difficult. Agreements have to be reached on IRA's, mutual funds, college costs for children and health insurance for spouses who may have relied on the coverage of the family breadwinner.In addition, an interesting survey conducted by the Pew Research Center shows that baby boomers are more likely to believe that marriages are for happiness, rather than to raise children. Specifically, a study conducted earlier by the same group shows that 66 percent of baby boomers would rather divorce than stay in an unhappy marriage.
Ultimately, some Florida baby boomers avoid divorce for economic reasons. Property division, especially in this economy, can be difficult. Some have divorced and found they are unable to sell their house. However, if you are considering divorce, know that there are options. For example, while they may be divorced on paper, some separated couples continue to live together as they battle their financial issues. In the end, divorce is difficult, but you can ultimately find your happiness.
Source: The Kansas City Star, "Generation Ex: Boomer couples are divorcing at a record rate," Rick Montgomery, March 31, 2012
]]>Some see the rise in these types of agreements as a natural extension to people putting off marriage or avoiding it altogether, in conjunction with the fact that as one gets older, they typically have the need for greater legal protection. A lot of cohabitation agreements are made out of necessity and are a reaction to both parties protecting themselves in case they decide to go their separate ways. Because couples that live together are experiencing an increase in legal disputes after they decide to split, they are recognizing a need to protect themselves.
]]> Cohabitation agreements can spell out how large asset purchases, such as a house or car, will be divided in the case of a decision to part ways. Many have already seen the benefits of saving large sums of money and years of court battles. Similarly, cohabiting couples can shield one person from having to assume the other person's debt.Determining if a cohabitation agreement is necessary is best considered at the onset of living with someone. The level of current assets and how extensive and how intertwined the finances are may also help gauge the need for a formal agreement with a partner. Residents of Florida living with someone to whom they are not married, or contemplating such an arrangement, might just discover that a cohabitation agreement can protect one's assets and one's future with or without one's significant other.
Source: CNN Money, "Prenups aren't just for married couples anymore," Jessica Dickler, March 20, 2012
]]>Many couples in this particular age group may have already begun the process of retirement planning, while others may have already started to enjoy their retirement years. Consequently, couples going through a marital separation in this age group may find themselves involved in a complex divorce due to the possibility of their retirements being affected.
]]> While people are more likely to discuss risk factors such as diminished income or increased health care expenses, when it comes to retirement, the rising numbers of older age groups divorcing indicates the need to consider the effect of a marital separation on one's retirement planning. Couples should understand the new financial pitfalls they may experience after their divorce becomes finalized. Divorce can be challenging at any age, but older couples experiencing it may have a more difficult route than others.While many people this age are just beginning to finally feel some freedom from the restrictions that work and raising children can bring, a divorce can throw a wrench into their plans of financial liberty. Lifestyles and behaviors may need to change after a divorce to ensure that a comfortable retirement can still be enjoyed, and those issues may provide a center of focus in divorce negotiations. Indeed, less financial freedom may be cause for caution once a marriage is dissolved. Taking the time to understand relevant family laws in the state may help Florida couples navigate the complex divorce process in a way that allows them to still enjoy their golden years while also pursuing the life they want to live.
Source: Reuters, "Divorce Retirement: Financial Advisers Face Challenges When Couples Split Later," Jessica Toonkel, March 12, 2012
]]>A sticking point for many people negotiating matrimonial issues is exemptions for children. Contacting professionals who can help you through the process can help smooth over confusing tax issues and can ensure that a final decree has all of the necessary elements to be able to claim the appropriate tax exemption. Ensuring that Form 8332 is signed by the other parent establishes the right to claim the child exemption and can help avoid an audit by the IRS.
]]> When it comes to assets, sometimes an even split can be anything but equal. Be careful during the property division portion of the divorce and make sure that the settlement is fair for both parties. Even if both parties receive a 50/50 split in assets, one may end up unknowingly taking on a heavier tax burden than the other. For example, if a wife receives the home and a Roth IRA and the husband receives the same monetary value in stocks, the husband may end up with a heavier tax burden due to the fact that the sale of the stocks is taxable, whereas the wife's assets are likely all tax-free.Issues like these can be avoided with a tax professional and experienced attorney to help navigate through the process in Fort Lauderdale and throughout Florida. Ensuring that the property division is fair to both parties is an important part of the process and can minimize future tax headaches.
Source: MarketWatch, "Don't let a divorce cause years of tax problems," Eva Rosenberg, March 5, 2012
]]>In recent news, one man is likely regretting a seemingly impulsive Facebook post he made in November in which he vented about his wife and the state of his divorce. A judge determined the posting violated a civil protection order for the benefit of the wife and fashioned a rather unusual sentence for the violation: The husband could either go to jail for 60 days or apologize to his wife by posting a prepared statement on his Facebook page every day for one month. This complex divorce has the court directing a litigant about what can and cannot be posted on Facebook, even though the wife was already blocked from the husband's page on the social media site.
]]> The estranged wife believes that the comments were meant to harass her and were abusive. For his part, the husband argued that posting on Facebook was similar to discussing his private life with someone over a drink at a bar -- only by posting on the social media site, the friend at the bar becomes all of the man's friends on Facebook. Nevertheless, the judge sided with the wife, and the man was forced to issue the apology so as to avoid a two-month jail term. While he opted to issue the apology, he did so begrudgingly, noting that while he has just been told he is unable to say on his Facebook page, he now has to say something he does not want to.Some say the court has overstepped its boundaries by both preventing someone from communicating their thoughts and also by forcing them to say something else entirely. Nevertheless, the case underscores how modern technology and social media has changed complex divorce litigation. It also perhaps serves as a signal to Florida residents contemplating or pursuing a divorce: If you post something on the Internet, no matter how private it was intended to be, it may come back to haunt you.
Source: Fox4kc.com, "Divorce+Facebook = MESS," Michelle Pekarsky, Feb. 24, 2012
]]>The stories all seem similar. Couples who blame Facebook for playing a part in the collapse of their marriage often found incriminating messages or chat histories. Others suspected their partners of using the site to reconnect with old flames. Many say their partners were hiding their computer screens from them, or they discovered the Facebook infidelity through a third party.
]]> While some of the people involved do not blame Facebook for their divorce, others believe that the site holds some culpability in the demise of their marriage. Discontent with a relationship has sometimes been exacerbated by Facebook, which can become a place that unhappy spouses turn to for virtual connections. And what likely seemed private at the time can subsequently burst into a central issue in complex divorce litigation.When messaging or chat histories hold potentially incriminating evidence that can be used against a person in a divorce case, those messages may no longer be private. In fact, the increase in technology and the ease in which people can communicate with each other electronically appears to have changed how the courts handle matrimonial cases. It has now become easier for lawyers to gather evidence for their clients, especially if the other spouse has a Facebook account.
Divorcing couples in the Fort Lauderdale area may wish to remember that online correspondence is only as private as the message it contains. If it finds its way into a complex divorce case, any incriminating evidence may be used as leverage to gain an upper hand in the proceedings. Those affected would do well to educate themselves to the relevant laws and procedures and act accordingly to protect their interests.
Source: KHOU, "'Happily ever after' less likely for married couples using Facebook," Katherine Whaley, Feb. 16, 2012
]]>Because the child custody process can be lengthy and emotionally draining, it is important to tend to and nurture relationships with children involved. Maintaining good communication and showing children empathy, acceptance and energy, as well as being generous with your time can make a positive impact in a child's life. Managing a child custody arrangement can be difficult, so repairing the damage the divorce may have caused, and preventing future issues from occurring is central to a continued positive relationship.
]]> Conversation and open communication with your kids is essential as you go through a divorce. It's important to allow your children to express themselves without fear of repercussions. It can help them heal from the emotional trauma of a divorce. Since it may be difficult for children to express themselves, it may be helpful allow them to direct the conversation and then demonstrate that you are paying attention.Participating in outside activities is another important way to get involved. Something as simple as going out to see a movie can be an effective way to let them know they matter to you. In the future, it is more likely that because of your efforts to be involved in their lives, they will turn to you in their time of need.
Parents in Fort Lauderdale who are embroiled in a child custody battle may find that incorporating these suggestions can help foster open and low-stress relationships with their children.
Source: "Don't Divorce Your Kids," Nancy Fagan, Feb. 2, 2012
]]>The 24-year-old woman sustained a broken nose and fractured jaw during the April 2011 attack. She also had to undergo surgery at the Holy Cross Hospital. According to court records, their divorce was finalized three days after the attack. The woman testified that she was afraid of her husband and believes that his behavior shown in front of others indicates that he has no respect or regard for court orders.
]]> When the man faced a Broward judge, he indicated that he understood that he could be sentenced to a maximum of 15 years behind bars in addition to an extra year for an additional misdemeanor charge of resisting arrest. The minimum sentence for charges like these in Florida is about four years and three months. Although it appears that the man is hopeful for a lenient sentence, the State Attorney's Office stated indicated it had made no promises in exchange for the plea deal. The man, however, is hopeful that he will obtain a legal ruling known as a "downward departure" that would allow him to be sentenced to less prison time than required by law.Being involved in an abusive relationship can be very frightening, and it may seem like there is no way out. However, that is not true. As this case shows, those who perpetrate domestic violence can be held accountable. It may be helpful for those who are concerned that they may be in danger to know that restraining orders can be issued to help protect someone from a violent partner.
Source: Sun Sentinel, "Man pleads no contest to battering wife at divorce hearing in Broward judge's chambers," Rafael A. Olmeda, Feb. 6, 2012
]]>The wife claims that during their confrontation, he pushed her and she fell onto a carpet in their garage. He allegedly rolled her up into the carpet and began to beat her while she was inside of it. She was able to unroll herself, but her husband then allegedly pushed her into the wall, causing the injuries to her elbow. Deputies believe the evidence found at the scene was consistent with her story.
]]> The children were asleep at the time of the argument, and the wife refused medical treatment. She declined to press charges against her husband. However, law enforcement found the husband at a local hotel and arrested him for domestic violence battery. He was released on a $1000 bond. The man's attorney claims the allegations are false and that the husband and another witness contradicted what was written in the police report.Domestic violence issues in a family are serious, and instances of violence in Fort Lauderdale and throughout the state appear to be increasing, as we noted in a recent post. Small arguments can get out of control and quickly escalate into a public matter if police become involved. For those victims of spousal abuse who have decided to seek a divorce, care must be taken to proceed in a manner that protects one's safety while seeking a fair and equitable resolution of all matrimonial issues. In the meantime, it is important to know that it may be possible to obtain a restraining order.
Source: Miami Herald, "Marco Rubio staffer quits, accused of rolling wife in carpet," Kelli Kennedy, Jan 23. 2012
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