I have been asked many times about what happens to 401(k) plans, pensions and other retirement accounts in a divorce. When it comes to marital assets, a retirement account that is involuntary or directly deducted from your paycheck will be one of your most substantial marital assets – other than your marital home. As a… Continue reading →
Archive for the ‘money & property’ Category
Mediation and your attorney
Have you decided that mediation is the least expensive and least acrimonious way to get through a divorce? Mediation means you are taking on a lot of responsibility while representing yourself in negotiations with your spouse. Are you prepared to work with your almost ex-spouse in unraveling the financial picture of who gets what? Do… Continue reading →
Divorce and taxes
Divorce causes all kinds of emotions to surface – from being sad to being very angry are just two. It is a time of confusion and financial strain. However, despite this stressful time, the issue of taxes is a very important thing to consider. Unfortunately, the Internal Revenue Service does not care if you are… Continue reading →
Military divorce
When your spouse is an active duty military person and you are considering divorce, additional legal complexities may arise. Although a military divorce involves the same issues as a traditional divorce, there are often different rules and challenges for resolving certain disputes, such as division of property, child custody and support, visitation and spousal support…. Continue reading →
Divorce or a legal separation?
Is one of your New Year’s resolutions a divorce or perhaps a legal separation? It’s a hard decision, especially since you haven’t been on your own in many, many years. If you are planning on being on your own in 2013, you need a plan: · Keep your expectations within reach – don’t set your… Continue reading →
Mediation versus Litigation
I have been asked what alternatives there are to going to court for a divorce. There are many pros and cons to making the decision to resolve a divorce through the courts or at the mediation table. Divorce mediation: · Couple meets with a trained mediator outside of court · Unbiased process · Discuss all… Continue reading →
How to get a divorce from a missing spouse?
Are you and your spouse living apart because of family matters that cannot be resolved? What happens when you finally decide you want a divorce but cannot find him or her? Don’t fret. It is possible to divorce even when you have no idea where your spouse is. California courts will grant a divorce if… Continue reading →
Thinking about divorce?
Does the New Year hold divorce proceedings for you? Divorce can be one of the most difficult experiences of a person’s life. It can be stressful, financially taxing and emotionally draining. Because divorce cases involve very personal issues, they can be emotionally charged and increase the degree of difficulty in resolving them. Divorce is not… Continue reading →
Telling your spouse you want a divorce
Has your marriage deteriorated to the point that you want a divorce? Does your spouse know how you feel? Will he or she be taken by surprise? While there are advantages and disadvantages to every possible scenario on how to speak to your spouse about divorce, ask yourself whether he or she would accept the… Continue reading →
Divorce and tax consequences
When a couple is divorcing and one of their main concerns is division of property, they hardly ever think about the tax consequences they will encounter down the road. When it comes to child or spousal support, these issues are treated differently under the tax laws. For example: · A parent who pays child support… Continue reading →