Women have climbed into top executive and professional positions, outpacing many of their spouses in salary. Over half of all divorce lawyers have seen an increase in mothers paying child support and 47% have seen wives paying alimony to their husbands in the last three years.
]]> Men and women graduate medical school in equal numbers. The number of women obtaining law degrees has doubled. The increase in women's salaries shows that the glass ceiling has been raised and that there are increasing signs of inequality in the workforce. However, many women are frustrated that they are now being forced to take on the same financial responsibilities as men.Divorce rates have hovered around 50% for the last few decades. Like the men before them who have complained about paying alimony to an ex-spouse, now women must seek legal assistance to prevent unmanageable or unwarranted spousal support payments. Any time one spouse is out of work or is dependent on a breadwinning spouse, the courts may award support to maintain a certain standard of living. While statistics do show a shift in women obligated to support, it is not clear yet whether courts have shown any bias when making determinations.
Source: Reuters, "Divorce courts mirror society as more women pay alimony," Patricia Reaney, May 10, 2012.
]]>Here is a common question: "Am I still covered by my ex-spouse's insurance?" Unfortunately, the short answer to this question is "No." Whether you are worried about a spouse's coverage or your own, you should keep in mind the following when considering healthcare before, during or after divorce is finalized.
]]>When facing divorce, healthcare insurance is a major consideration for many couples. In some cases, couples will opt for a legal separation simply to maintain coverage. In any event, you should check with your provider about specifics. Also, be aware of any timelines and other notification requirements to prevent allegations of insurance fraud.
Source: Huffington Post, "Can I Still Get Medical Insurance From My Ex After Divorce?" Jeffrey A. Landers, May 7, 2012.
]]>Disputes over the division of property at the time of divorce are not uncommon, especially for couples with significant assets. An auction may be an easier way to get the most for property and to walk away with cash. Auctions also help couples avoid drawn out disputes over who takes what.
]]> In many cases, couples don't want the material reminders of a former relationship. Many don't want to divide property, they want to get rid of it. An auction can be a simple alternative, and only requires that a portion of the total costs be paid to the auction organizers.Bidding can be live, online, or silent. Auctions can handle the bidding of cars, houses, and all belongings. According to auctioneers, exposing assets to the marketplace can ensure that you get a fair price. In many instances, competitive bidding can mean more cash than trying to sell.
While auctions are gaining more popularity for couples who want to get sell and liquidate their assets, judges have also court ordered auctions for couples who cannot come to an agreement. If you are divorcing, consider the possibility of a divorce auction to minimize a dispute over any property.
Source: Times Call, "Some divorcing couples auction everything off and divide the cash," Aimee Heckel, April 28, 2012.
]]>If you are facing divorce, remember that what you put online could have an impact on your settlement. In addition to your former spouse, attorneys and judges may be able use online evidence to draw conclusions about your fitness as a parent, your lifestyle, spending habits, and even reasons for the end of the marriage.
]]> You should be aware that what you put online could impact a divorce settlement negotiation. According to a recent study by the American Academy of Matrimonial Lawyers (AAML), over 80 percent of lawyers agree that information you put online could impact your custody determination, the property settlement, and potentially, an alimony or spousal support determination.Divorcing couples know that the process and separation period can be very emotional. Remember that media outlets can be harmful for both parties. You don't have to delete your account, but consider the following steps to avoid damage to a pending or existing settlement:
Source: The Huffington Post, "Don't Let Social Media Sabotage Your Divorce," Bari Zell Weinberger, April 24, 2012.
]]>Nearly 10 million children in America live in a different state or country from one of their custodial parents. This means that they do not get regular face-to-face interaction that would be possible if they were in the same city. This makes electronic communication a viable option to help make parenting easier and communications more accessible to children.
]]> Virtual visitation first became a legal issue in the late 1990s when similar technologies were made available to parents and children. Now, courts are giving the rights to virtual visitation as part of divorce orders. Currently, there are six states with laws on "virtual" or "electronic" communication and visitation rights. There are twenty-two more states with efforts to add similar laws.The laws give a family court judge the authority to award communication through electronic means for a parent who has moved away or is living out of state. The judge can make determinations of frequency and authority and can limit any visitation that will negatively impact a child.
There are advocates and critics on both sides. Family courts must continue to employ the high standards to ensure that the best interests of children are still a priority. Still, technological advancements are now a fact of life and it is important that the law continue to meet the demands of the modern family.
Source: Washington Times, "Virtual visitation: a sensible child custody option," Myra Fleischer, April 15, 2012.
While it is widely accepted that military members can be ordered to deploy anywhere at any time, politicians and advocates of this bill believe that the facts of military life should not prevent a parent from obtaining sole custody of a child. The bill is not intended to give servicemembers any advantage, but does aim to eliminate a disadvantage for servicemembers who are at risk of losing custody while they are deployed.
]]> The bill has been held up in the Senate, but a new trend towards broader acceptance may mean that it will finally pass. The bill also extends the definition of "deployment" to include any humanitarian operations and overseas tours. The law is an amendment to the Servicemembers Civil Relief Act, a current federal law that gives troops special legal privileges when they are deployed.Many servicemembers have faced scrutiny for leaving children in the custody of a step-parent or other family member when they get deployed. It is in the best interests of servicemembers to be highly communicative about their status so that both parents can attend to the best interests of the child. The idea of the bill aims to protect servicemembers from certain realities of military life.
Stars and Stripes, "Law Would Strengthen Troops' Child Custody Rights," Charlie Reed, April 10, 2012.
]]>The process can be especially stressful for those who have had suffered a bitter split. Getting accurate information from your ex can be more complicated. Here are several ways to protect your rights after divorce and alleviate the stress of tax season.
]]> 1) Don't wait until the last minute. Make sure to contact your spouse or former spouse to for relevant tax documents. If necessary, seek out a professional for assistance.2) Know whether you should file jointly. You could open yourself up to additional liability and you could end up on the hook if your ex is in tax trouble. When you file jointly, you are jointly responsible. When in doubt, file separately.
3) Identify the head of household. As you may already, the head of household gets the dependency deduction. By default, this will go to the parent with more than 50% of custody during the year. If you both file as HOH, you could face problems with the IRS.
4) Understand spousal support and tax liability. Remember that those who pay can deduct the expense and any recipient generally must claim support as income.
5) Collaborate with your ex, if possible. Working with the same tax preparer and understanding how your spouse or former spouse is filing can ensure that all documentation is cohesive and that you present the same information. Any discrepancies could lead to future problems with the IRS.
If you have specific questions about your personal tax liability, you can always seek out a tax lawyer or other financial professional who can help you understand your obligations and protect your rights.
Source: Business Insider, "Divorced Couples Are Walking Right Into These Tax Traps," Mandi Woodruff, April 3, 2012.
]]>Rodman faces up to 20 days in jail for failure to make spousal and child support payments to his ex- wife in the state of California. His defense, which may or may not hold up in court, is that he is too sick and poor to pay his child and spousal support. Lawyers argue that Rodman is "extremely sick" and that his marketability is losing value with his "age and illness."
]]> According to court documents the former Laker is unable to keep up with living expenses or the $5,000 child support obligation he has for a child of another relationship, as well as the $4,500 monthly payment he owes Michelle Rodman. Reports also state that Rodman's attorneys are working pro bono as he cannot afford any additional fees. In this case the court will examine his ability to pay, considering his loss of status and depleted income.A star player on the championship Chicago Bulls team, before joining the Lakers, Rodman was an NBA leader in rebounds. At the time his third wife filed for divorce, Rodman listed that his monthly expenses were more than $30,000. Modifications to original orders can be made if a material change in circumstances makes that order impossible or untenable. This case may be a challenge for Rodman if attorneys for the plaintiff can identify unreported assets.
Source: The Los Angeles Times, "Dennis Rodman 'broke,' 'extremely sick,' his attorney says," Lauren Williams, March 27, 2012.
]]>New evidence suggests that moving in before marriage does not impact the likelihood of divorce. Divorce rates in Beverly Hills, Los Angeles County, California and nationwide are still high: 50 percent of first marriages still end within 20 years. However, recent studies show that those who cohabitate before marriage are not any more likely to contribute to that figure.
]]> While in the late 1960's only 10 percent of U.S. couples lived together before marriage, today 60 percent of couples live together before they marry. Since cohabitation is becoming increasingly common, it no longer seems to impact divorce rates. However, those who were engaged before cohabitation were more likely to remain in a long-term marriage than those who were not engaged before living together.It is the basic level of commitment, not the actual ring on the finger that does make a difference, even statistically. The couples who were together long term firmly believe in staying in the relationship for the long haul. The common theme for women who were in successful, long-term marriages was a belief in a future with their spouse.
Associated Press, "Move-in Before Marriage No Longer Predicts Divorce," Mike Stobbe, March 22, 2012.
]]>A 41-year-old man left his wife in 2009 after eight years of marriage, but the couple decided not to file for divorce. The man changed his name and married another woman. Recently the first wife discovered that the 41-year-old, still legally bound to their marriage, had a second wife because Facebook suggested that she send a friend request to the second wife.
]]> The first wife informed local authorities of her husband's infidelity, and the 41-year-old now faces bigamy charges. If convicted of the offense, he could get up to a year of jail time. The Facebook suggestion isn't the only thing connecting the man's two wives - the first wife was arrested for confronting the second wife in 2010, though it seems that at the time, they did not know of the infidelity.So what are the wider implications of this story? It shows how information spread by Facebook could greatly impact a marriage - and it doesn't just have to be acts of infidelity, which are illegal and inexcusable.
However, Facebook is a means of displaying information in a public manner. Sometimes information you don't control or even information you are unaware of can reach people you did not intend for it to reach.
We talked about the dangers posed by email snooping and computer surveillance a few weeks ago, and this story is an extension of that concern. Information is powerful, and it can establish or destroy your divorce case very easily.
Source: Minneapolis Star Tribune, "Discovery by woman using Facebook leads to bigamy charges against Washington man," Manuel Valdes, Mar. 10, 2012
]]>The couple used to live in Los Angeles, California, but last year they moved to Texas in an effort to "try something new." Kimberly and Randy agreed to a temporary agreement regarding their 4-year-old twins, which will grant shared custody. Neither spouse can take their children out of the state unless both consent to the move, or a judge allows it.
]]> There is also the matter of the couple's property and assets, which is a divisive topic in any divorce. From the few details being released in the case, it seems Kimberly Buffington-Quaid will retain the couple's main residence. However, further reports say there are other homes, cars and vehicles that need to be divided amongst the duo.While Kimberly has requested an even split of their assets, Dennis does not agree with this proposal. She also is asking for spousal support.
It is unclear if there was a seminal moment in the marriage that caused the divorce. However, there are rumors that infidelity may have been involved on the part of Dennis Quaid. The rumor spread via Twitter. Like we discussed a couple of weeks ago, social media does present dangers when proceeding with a divorce.
Source: Los Angeles Times, "Dennis Quaid's wife, Kimberly Buffington-Quaid, files for divorce," Mar. 9, 2012
]]>Celebrities are not immune to this issue when going through their own divorce. Today it was learned that Kelsey Grammer and his ex-wife Camille Grammer reached a child custody agreement over their two children.
]]> The couple divorced in 2010 but was locked in a bitter dispute over their 10-year-old daughter and 7-year-old son. Kelsey Grammer filed for sole custody over the children in May, followed closely by a proposal to split custody - their son would live in Chicago with Kelsey, while their daughter would live in Los Angeles with Camille.Court documents show that the child custody agreement grants "meaningful contact" to Kelsey Grammer while both children remain in Los Angeles with his estranged ex-wife.
As is the case with many child custody disputes, proceedings can be contentious and it takes a collaborative atmosphere to reach a mutual agreement. One of the best ways to facilitate these mediation sessions is with a legal representative by your side. An experienced divorce attorney could greatly expedite a child custody case, relieving any extra stress that you and your former spouse do not need during the upsetting times of divorce.
Source: Arizona Central, "Kelsey Grammer and Camille settle child custody case," Feb. 29, 2012
]]>One man from Tennessee was dealing with this exact scenario after his divorce. He checked his email account and noticed some of his emails had been worded differently or altered in malicious ways. The man accused his wife of tampering with his computer and sure enough she did - installing software that allowed her to infiltrate her ex-husband's email.
]]> Horror divorce stories such as this are on the rise in the U.S. Though there are laws in place protecting citizens from illegal wiretapping, these are usually applied in (and were originally intended for) phone tapping cases. There is a murky element attached to email or internet cases that deal with these laws.With such legal unknowns, it is best to take every measure possible to protect yourself from a former spouse who is looking to take some divorce vengeance out on you.
"I have a letter I send to every client after their divorce is over saying change all your passwords," one attorney said. "If you don't change your passwords, you left them the key to the house."
Another way to safeguard your interests is to consult an attorney. Your legal representative can pursue motions through courts that dismiss illegally obtained evidence.
"When I create an email and I create a confidential email, that is a violation of law to intercept that because I have an expectation of privacy," said a Tennessee judge.
Source: WLTX, "In Divorce Wars Cyber-Snoops Often Cross Legal Lines," Derry London, Feb. 23, 2012
]]>Following up on a story we covered in January, Florida lawmakers have had to put together some alterations for a bill that intends to give the state's alimony laws a makeover. Florida's move is part of a larger trend that is sweeping the nation, as many states are considering initiatives to reform their spousal support laws.
]]> The alimony reform bill was originally seeking some major changes to the current law, the first of which is to add a retroactive clause that would grant paying divorcees the ability to update their spousal support agreement with regard to the new rules set by the bill.The bill would also set limits to the duration of alimony payments with further clauses that would end the spousal support agreement if the paying spouse retired or if the receiving spouse entered a new relationship.
It has been a controversial ride for the bill, with one member of the House calling the proposal "abysmal" as well as many others labeling it misogynistic. The bill still has a ways to go before being enacted as the Florida Senate and House consider the pros and cons of the bill potentially becoming law.
Witnesses at a Senate Judiciary Committee hearing told of their displeasure with current alimony laws, calling them "anti-family and anti-marriage."
The House version of the bill has retained many of the points originally in the proposal, but some new provisions have been added and some rewording has been done to reach a compromise on the legislation.
The updates allow more interpretation for judges, as they can award "long-term" alimony if the situation requires it. Rules regarding retirement would also be changed, as the paying spouse could only use retirement as a way to appeal their alimony agreement.
Source: Orlando Sentinel, "Senate committee waters down divorce-law rewrite," Kathleen Haughney, Feb. 9, 2012
]]>Members of that generation are starting to see divorce as a viable option, a thought once unheard of for their age group. That demographic, comprised of ages 50-64, is getting divorced more than twice as often as they did in 1990. The divorce rate reached 25% in 2009, compared to 10% two decades earlier.
]]> So what is driving this sudden increase in baby boomer divorce? Specifics vary from couple to couple, but the one key that is pushing this trend is that women are feeling more empowered and more drawn to an independent lifestyle than ever before.Some older couples have marital issues that don't even appear until their kids leave for college. Once these problems reach the surface, it is hard to ignore them. While previous elder women would persevere, nowadays they are filing for the split to pursue their personal goals. Other couples re-evaluate the situation with their spouse and prefer to go in a different direction.
This is happening because women are more financially stable than ever before, and this gives them the ability to leave an unfulfilling marriage and instead reach out to their friends to seek more rewarding relationships. Additionally, when women are in their 50s, it is common to reflect on them to reflect on their lives and potentially reinvent who they are as they enter the second stage of their lives.
"This is the first generation of women to say, 'I don't have to sacrifice the rest of my life in a marriage that doesn't make me happy,'" a relationship coach in Florida said. A mental health counselor - also from Florida - added to that sentiment. "Women want fulfillment at this stage of their life, they're ready to find out who they are."
Source: Palm Beach Post, "After age 50, women are divorcing at double the rate of 20 years ago," Barbara Marshall, Feb. 6, 2012
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