Many families derive all or a portion of their income from businesses that one or both spouses own, so often the business becomes an integral part of a divorce. The first question that must be tackled is whether or not to include the business as a party to the divorce. Sole proprietorships (unincorporated businesses) do […]
Tag: dissolution of marriage
Can I Discharge In Bankruptcy Debts To My Former Spouse?
The answer depends upon the nature of the debt. Certainly, alimony cannot be discharged in bankruptcy, nor can child support. But when a payment to a spouse is not termed alimony or child support, the question of dischargeability is muddied. Ordinary debts to a spouse are usually dischargeable, so if, for example you have agreed […]
Shared Parental Responsibility Intervention
Professional intervention in parental responsibility issues sometimes becomes necessary. Therapist mediators are, at times, necessary when parents are arguing over issues such as schooling decisions and medical care. The therapist mediators may recommend therapeutic intervention and may be able to monitor compliance in resolving issues. Professional intervention may also be used to help provide parents […]
Alimony and Supportive Relationships
Those of you who pay alimony should be aware that your alimony obligation could be reduced or terminated by the court if the court determines that since your divorce, a supportive relationship has existed between your former spouse and the person with whom your former spouse resides. In evaluating whether a supportive relationship exists between […]
Attorney’s Fee Provision In Marital Settlement Agreement
If you are involved in a divorce case and settle your case at mediation or at some point in the proceedings before trial, you should consider having a “prevailing party” attorney’s fee provision inserted into your marital settlement agreement. Such a provision provides that if either party has to file an action to enforce the […]
Marital vs. Non-Marital Property And Debt
One of the first things a court is called upon to do in a divorce is to determine what is and what is not part of the marital estate, that is, what things are subject to distribution to the spouses. As a general rule, all property acquired by either or both spouses, and all debt […]
Attorney’s Fees And Cost In Family Law Proceedings
If you are a party to a divorce or post-divorce proceeding, or are contemplating filing such a case, you should consider the issue of attorney’s fees. Depending on the factual circumstances of your case, a trial court may have authority to order you to pay a portion or all of your spouse’s attorney’s fees and […]
Dividing Marital Property – Part II
Recently, we spoke of QDROs as a tool used to distribute retirement accounts. Another tool that is less often used is known as an immediate offset. It is less often used because there must be other assets of similar size that one can use to offset the retirement plan. Consider the following example ITEM […]