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What is Spousal Support? Spousal support is a court-ordered payment from one spouse to the other. The support payment is given to the receiving spouse for their support during the divorce proceeding and after the divorce is granted. The Juvenile and Domestic Relations district court can determine the availability and amount of temporary spousal support […]
Read MoreThe decision to begin divorce proceedings is a life-changing choice that should only be made after careful consultation with your attorney. During this consultation, your attorney should address several issues that will impact your decision. These issues shall include, but are not limited to, annulment and divorce. Though you may be unfamiliar with how to […]
Read MoreShannon Otto and I recently published an article on the topic of separate property at Work It, Richmond. It begins: In a divorce, the division of marital assets and debts is known as equitable distribution. One big area of dispute in equitable distribution cases is where one party’s separately owned property increases in value over […]
Read MoreIn a divorce, the trial court has the authority to divide the marital property and debts of the parties. As part of this equitable distribution process, the trial court is required to classify, value and ultimately divide the parties’ marital property assets and debts. An asset that is properly classified as one party’s separate property […]
Read MoreAlmost everyone who gets married thinks that it will last until the death of one of the parties – in fact that pledge is made at most weddings – unfortunately about one half of those people end up being wrong. Divorce courts are given broad discretion in dividing property and setting spousal support. Pre-nuptial agreements (“Prenups”) can eliminate many of the uncertainties and risks associated […]
Read MoreTHE end of a marriage is always sad, but divorce can be particularly devastating for a woman who still wants children but whose fertility is on the decline. Her ex may have many years left to start a new family of his own, but by the time she meets a new partner, it may be […]
Read MoreWhen parties get divorced, the way in which the real estate is titled can determine what may happen with the property. If the real property is acquired during the marriage, it is presumed to be marital property regardless of how the property is titled. However, how the property is titled can affect how the court […]
Read MoreWhen a couple gets divorced, one of the questions they have is, what happens to our stuff? How does that work? Parties have several options available to them in dividing personal property (private, movable property, i.e., not real estate) upon divorce. Parties may draft a Property Settlement Agreement (PSA), divvying up the assets contractually, usually […]
Read MoreA Qualified Domestic Relations Order (QDRO) is a court Order directing an employer to segregate retirement accounts and award a spouse his or her share of the other’s retirement account – like a pension, 401(k), etc. A QDRO is usually created simultaneously or shortly after entering the Final Divorce Decree, although your attorney may advise you […]
Read MoreIntroduction Premarital agreements (also called antenuptial; prenuptial contracts; or “pre-nups”) are entered into by prospective spouses who wish to privately and contractually vary, limit or relinquish certain marital property and support rights that they would otherwise acquire by reason of their impending marriage. Whether a premarital agreement is necessary or even a good idea, is […]
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