In a recent, unpublished Appellate Division case, Manger v. Manger, the court found that an ex-wife could not ask the court to change her alimony award, because she was never awarded alimony to begin with. Did you bypass spousal support in your original divorce settlement? Here’s what this case may mean for you. Read more
Emotional abuse can carry an added layer of damage because, unlike physical abuse, it leaves no discernible marks. Other people, and even the victim, don’t always recognize it’s happening. After years of being invalidated, disempowered, and made to feel worthless, abuse victims can begin to doubt their own reality, and ignore signs that they’re being mistreated. Read more
In a recent post we looked at some aspects of income tax filing for newly separated or divorced individuals, including filing status and treatment of dependent exemptions. Today, we will look at some of the tax implications of child support or spousal support payments. This information may be helpful not only to those currently working on 2015 tax returns, but also to those in the process of negotiating marital settlement agreements that include support provisions. Divorcing spouses sometimes overlook tax implications that can have a significant impact on each spouse’s post-divorce financial condition. Read more
If you are newly separated or divorced, filing a federal tax return can present a host of new and confusing options and scenarios. In honor of the approaching April 15th tax filing deadline, this month we will be sharing some of this valuable information with you in a three-part series discussing tax issues and divorce. Read more
Nightmare divorces make great fodder for headlines, but the truth is, not every divorce turns into The War Of The Roses. The stories that send shivers up your spine generally involve one or both people with mental health and/or significant substance abuse issues. With practice and foresight, couples that don’t face those challenges can take the following steps to keep their divorce as amicable and collaborative as possible. Read more
Many people going through a divorce wonder what will become of their retirement plans, pensions or 401k accounts. Do you have to share your 401k with your spouse? Is your 401K account considered marital property? If it is a marital asset that my spouse is entitled to, how is it divided? Read more
A 2007 study by the Rand Organization found that alcoholics are more likely to get divorced than non-alcoholics. According to the research, alcohol is the primary cause of divorce in couples under thirty. The chaos caused by excessive drinking – legal trouble, job loss, financial woes, health issues – can make life with an active alcoholic feel unmanageable. As the problem drinker’s condition deteriorates, the spouse slips into perpetual crisis management mode as she struggles to maintain the family’s financial and psychological equilibrium. Are your marriage problems being fueled by alcohol addiction? Read more
You or your spouse has filed for divorce. In an ideal world, the two of you would be able to sit down and work out all of your issues together, without having a contentious divorce. However, that is not the case for many divorcing couples and you may find yourself in what is called a “contested” divorce. Perhaps you cannot agree upon a custody arrangement or how to divide your marital assets. If you find yourself about to engage in a contested divorce action, it is critical to begin to prepare for the divorce as soon as possible. Read more
When you are a shareholder in a business, how will divorce affect your stake? Here is an overview of what owners and investors can expect during the asset division process. Read more
Your worst fears have been confirmed: your spouse has been having an extramarital affair. After careful consideration, you know that divorce is the best decision for you. But can you — or should you — file for your divorce based upon the grounds of adultery? Read more
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