According to U.S. Census Bureau figures, Americans have steadily begun to back off from the institution of marriage, sometimes for financial reasons. Individuals are choosing to delay or do without weddings. Many pick cohabitation as a marital test-run or alternative.
]]> A national trend toward cohabitation is reflected in Palm Beach County, Florida, census figures. The statistics compare the marital status of couples sharing a household from the 2000 census to the most recent census in 2010.More than 36,000 Palm Beach County couples were cohabiting during the last census. The numbers show an increase of more than 10,000 couples living together when compared to 10 years earlier.
Palm Beach married couples far outstripped the number of unmarried partners in the last national census, but pollsters saw a drastic change. The number of cohabiting couples made up less than seven percent of all Palm Beach households, but the numbers were enough to put a dent in the population of married couples.
From 2000 to 2010, the percentage of households that had a married couple in Palm Beach County dropped from almost 51 percent to just more than 46 percent.
The census trend is not isolated to Florida. The number of married households in the last national census dipped below the 50 percent mark for the first time in seven decades.
The director of the University of Florida's Population Program in the school's economics and research bureau believes that the high rate of national joblessness has delayed marriages and divorces. Unemployed individuals can neither afford to begin a marriage or end one.
Source: Sun-Sentinel.com, "Census: Palm Beach County has fewer marrieds, more living together," David Fleshler and Dana Williams, April 25, 2012
]]>As unromantic as equitable distribution sounds, it is an unavoidable situation that accompanies being alive and being divorced. More couples than in the past are planning for this possibility by setting up prenuptial agreements.
]]> The practical approach to marriage finances is meant to reduce future hardships. Couples in marriage are engaged in an emotional and financial partnership. Some choose to detail separate and marital assets to provide an uncluttered picture in case of a divorce.It is no secret that financial incompatibility often contributes to divorce. Couples sometimes cannot avoid money problems, but some almost-spouses design plans that anticipate complicated times.
A prenuptial agreement lets future spouses see and agree upon a written view of the financial future. The contracts let couples declare, before commitment, what income and assets become marital property and to decide how assets are divided if one partner leaves.
The agreement leaves no surprises, which often happen when couples wait until divorce to address money issues. Credit scores, debts and assets are laid out.
Experts recommend that individuals who have substantial personal wealth, an ex-spouse or children from a past relationship benefit most from the agreements. And while not every couple may require one, it should be something that every soon-to-be-married couple should think about.
A proactive plan to cope with money can save heartache and can reduce or eliminate the costs of litigation that some couples face when waging asset battles in divorce court.
Source: RGJ.com, "Financial plans protect marriage," Heidi Foster, Apr. 26, 2012
]]>A Saudi Arabian-born woman living in Florida, who entered into an arranged marriage, is embroiled in a marital property dispute. The woman and her husband were married in Islamic tradition, which included a customary marriage contract.
]]> Within that contract was a provision for a gift, payable by the groom to the bride. The Florida woman's husband agreed to a $20,000 gift, an amount he is willing pay as part of the divorce settlement. The asset division conflict stems from the husband's desire to pay the gift without sharing any other assets the couple accumulated during the marriage.The husband insists the agreed-to gift is the limit of his obligations.
Divorce documents say the couple's assets include investments, vehicles, bank accounts and a home valued at $900,000. So one can see where there is a huge disparity between the gift promise made in religious tradition and Florida law. Neither side disputes the terms of the couple's religious contract.
The wife's counsel wants a Florida court to determine in June whether the property settlement begins or ends with the $20,000 gift. The court's ruling could set a precedent for other divorcing couples in Florida who signed similar agreements. One way that this issue could be avoided is by a couple negotiating a prenuptial agreement before getting married. It could help settle property division issues before they even erupt.
Source: baynews9.com, "Islamic divorce case could have far reaching implications," Jonathan Petramala, Apr. 19, 2012
]]>Legislation authors on the House Armed Services Committee say the measure would not tip child custody disputes in favor of soldiers. According to proponents, the proposal would simply remove the ability of judges to disqualify military service members for primary child custody.
]]> The committee drafted a similar bill four years ago to protect the custody rights of parents who are soldiers, only to have the proposal scrubbed once it reached the Senate. The stumbling block for passage came from the Pentagon, where officials preferred that the measure be a state-by-state decision.A law designed to give military personnel some extra leverage in civil court was expanded to encompass child custody cases four years ago. The amendment denied family law judges the ability to alter permanent child custody agreements while a soldier was deployed. Committee members believe another amendment should be added to keep judges from using deployments to deny parents primary custody.
When a deployment occurs, military parents often leave custodial child care in the hands of close relatives, sometimes without informing a noncustodial parent. Sometimes noncustodial parents take temporary full-time custody.
Reform advocates say civilian parents use these situations to sway judges and wrestle permanent child custody from parents deployed out of the country. Under the new proposal, the definition of deployment would expand to include unaccompanied and humanitarian military missions.
Source: Military.com, "Law Would Strengthen Troops' Child Custody Rights," Charlie Reed, Apr. 10, 2012
]]>Specialists acknowledge that the exhaustion, anger and shock many spouses feel during divorce is unsettling. The experience frays nerves during a time when survival skills need to be sharp. The attitude and actions spouses take through divorce impact how they live after the numbness of the proceedings recede. Losing sight of the future and getting stuck in the pain of the present has a high price tag. Experts suggest how to survive the tempest and thrive with the following tips.
]]> Handing divorce particulars over to an attorney or financial consultant seems like the easiest solution. Delegating divorce responsibility is helpful, but the ball does not get rolling without a push from a spouse. Advisers need documents and records. Counselors are only as good as the information they are given. It is up to a spouse to hunt down and organize marital assets and come up with a list of needs that professionals only can guess without input.Analysts and advisers work with a spouse's findings to recommend courses of action, including approaches to alimony, child support and custody. Giving divorce advisers the right tools lets them work efficiently.
Coping with divorce while tallying up a list of credit card statements, sifting through old tax returns, and securing new credit lines sounds like adding insult to injury. Advisers say it is a necessary pain to avoid financial problems down the road. Some counselors suggest the preparation of a financial analysis, starting with day-to-day expenses and working up to the dollars and cents of a post-marital lifestyle.
An analysis is a road map to financial health for a trip that begins the minute a marriage legally ends and old wounds begin to heal. The goal is to avoid jolts, if possible, for a standard of living in the future. No one believes that getting a divorce is easy. Experts say life after divorce is easier if a spouse concentrates on making the smartest financial decisions possible during the end of a marriage.
Source: Forbes, "Why Women Who Are Organized Often Do Better In Divorce," Jeff Landers, Mar. 27, 2012
]]>Mediation is not new, nor is it the most common way for spouses to settle divorce differences. It is an approach to divorce that is gaining ground among couples ready to amicably part ways. Spouses willing to employ help to defuse emotional choices negotiate areas of conflict and avoid court can benefit in several ways.
]]> One fallacy associated with mediation is that the process does not take couples all the way to a divorce decree. Legal firms specializing in divorce mediation frequently provide all documents and services needed for divorce, including a settlement agreement and court filings. Couples who choose mediation think about the long-term effects of ending a marriage. Spouses may differ on issues, but mediators are prepared to help resolve them without a couple resorting to a win-or-lose court battle.Mediation involves negotiation and solutions that would otherwise be handled in court at the added expense of the spouses involved. The focus of private divorce mediation is on problem solving, not barb throwing or vows of revenge.
Divorce mediation is often seen as a practical answer to divorce. Many legal firms which perform mediation offer free consultations, so couples can learn about the process without commitment.
None of what happens in divorce mediation becomes public. In standard divorces, all the thorny details of a couple's financial and personal backgrounds used in divorce court are open to public examination. Getting a judge to seal litigated divorce records from the public is possible, but not as easy as most couples believe.
A mediated divorce can also takes less time than a traditional divorce. For divorcing couples who disagree but are willing to compromise until an agreement is reached, mediation can be a less time-consuming and less expensive route to divorce.
Source: The Huffington Post, "4 Ways To Navigate Divorce With GPS," Nancy Fagan, Mar. 30, 2012
]]>The alleged marriages were a secret, even to the bride, until the woman, from another state, was weeks away from a real wedding date. Legal issues cropped up at a city clerk's office, where the woman's marriage license application was denied.
]]> Much to her surprise, she was already married to two other men in two different foreign countries.Troubles for the 37-year-old bride of multiple grooms began when she misplaced her birth certificate 16 years ago. When she tried to register a real marriage in 2004, she found her birth certificate had been used in fake marriages to men in Ecuador and Mexico.
Rather than cancel the wedding, the woman married in a jurisdiction that would accept her license application. The newlywed put the strange episode behind her.
Five years later, one of her long-distance "husbands" requested a divorce. The man, from Ecuador, insisted that his "wife" sign divorce papers. When the already-married woman turned him down, the faux husband visited the home of her in-laws.
It was only after seeing a picture of his presumed wife that the man realized that the woman he married was not the person he was pursuing.
The wife was unsettled by the incident and approached an administrative law judge in January to correct her mis-marriages.
The judge found that the woman's birth certificate had been used to tie her to fake marriages. The two unwanted marriages from 1996 were cleared from the record books.
Another trip to court may be in her future. Since she whittled her list of husbands down to one in court, the woman found that her birth certificate was misused again, and a new "husband" was recently discovered in New York.
Source: Fox News, "NYC woman discovers she is married to multiple men after identity theft," Mar. 17, 2012
]]>Financial records of the divorce settlement were sealed and unavailable to the public, however some of the details were made available last week for enforcement.
]]> The Boca Raton couple successfully divided the assets quickly using time-saving strategies. Court papers indicate that Jill quick-deeded their two homes to Cliff. Even though the team itself could have been considered a martial asset, Jill relinquished her rights to any share of the team, leaving Cliff the sole owner.Minimizing the time it takes to complete a divorce is possible if both sides are willing to compromise. If there are significant issues at stake or both parties have not already discussed terms of property division, custody and support, it can be very difficult to finalize any divorce within such a short period of time. Taking a collaborative approach also minimizes court costs and the expense of litigation.
Not only did the couple successfully keep the details of the divorce settlement private, they were able to leave their real estate and business property intact. According to a statement made by the Panthers, the divorce had, "absolutely no impact on the operations of the Florida Panthers."
The Miami Herald, "Panthers owner, Cliff Viner, socialite wife Jill got quickie divorce in the Keys," March 29, 2012.
]]>Wrestler Terry "Hulk Hogan" Bollea divorced his wife Linda five years ago. However, the couple is still battling in Florida courtrooms over their divorce settlement.
]]> The latest round in the post-marital spat was fought in Pinellas County and was won by Linda Bollea. In the lawsuit her ex-husband claimed she failed in her role as a business manager by underinsuring the couple's assets.Terry Bollea argued that his ex-wife had a legal duty to know how much insurance was required to protect what the couple owned. The wrestler initially accused his bank, Wells Fargo, of neglecting to recommend adequate insurance coverage, adding Linda Bollea's name to the lawsuit later.
The insurance deficit accusations stem from an accident involving the Bollea's son, Nick, during the same year the couple divorced. Nick Hogan was the driver in a car crash that permanently disabled his friend, a passenger.
The accident victim's family sued Terry Bollea, the owner of the car. An out-of-court settlement exceeded Bollea's auto insurance coverage, which paid a maximum of $250,000 per person for accident injuries. Terry Bollea blamed his bank and his ex-wife for the settlement money in excess of the insurance coverage he was required to dole out.
Recently, a Florida judge dismissed Bollea's lawsuit, which apparently sought millions from his ex-wife. The Pinellas County judge ruled that the Confidential Marital Settlement Agreement signed by the couple in 2009 was clear and absolved Linda Bollea from liability.
Bollea lost the insurance battle against his former wife, but the couple's divorce war continues. A defamation suit seeking monetary damages accuses Linda Bollea of lying about her former husband during a promotional tour and in a book about her life. A court date for the suit, filed last December, has yet to be announced.
Source: Fox News, "Hulk Hogan's breach of contract lawsuit against ex-wife thrown out of court," Hollie McKay, Mar. 15, 2012
]]>A new study wanted to see if shared parenting plans held up over time and under pressure. Researchers observed parents in high-conflict relationships after divorce to see if the contention affected custody arrangements. The four-year study of more than 130 families examined divorced couples who had mediated parenting arrangements. Children in the study ranged in age from 6 to 19.
]]> Among the quarrelsome couples, almost 60 percent of mothers and more than 40 percent of fathers assessed the relationships with former spouses as high conflict. Even greater percentages of parents were critical of an ex's child-rearing skills.More than 40 percent of the divorced couples agreed to a traditional parenting plan, in which one parent serves as a primary caregiver, while 27 percent agreed to a time sharing arrangement.
The remaining parents flip-flopped on the parenting plans they had picked at some point during the four-year study. Of those who initially chose shared parenting, 18 percent switched to a primary caregiver plan, while 14 percent switched in the other direction.
Scientists discovered that mediation made a difference in how the participating parents set up a child custody arrangement. Without mediation, 60 percent of ex-spouses were fine with a primary caregiver plan. After mediation, 53 percent moved to shared parenting, but the numbers returned to pre-mediation levels one year after mediation. Researchers found that argumentative ex-spouses drifted back to the parenting plans they devised without a mediator.
And for high-conflict and non-high conflict parents, 40 percent kept a shared parenting arrangement for the length of the study. The message is clear: Divorced parents need to work together to keep lines of communication open and conflict minimized. It can only help the children.
Source: The Huffington Post, "What Happens to Shared Parenting Arrangements Among High-Conflict Couples Over Time?" Robert Hughes, Jr., Mar. 6, 2012
]]>If the proposal becomes law, Florida would become the fourth state to approve measures that cast out often religious-based laws from domestic divorce and custody court actions. Critics say the so-called anti-Shariah laws, named for the system of Islamic law, are unnecessary and discriminatory. A similar measure failed to pass last year.
]]> The sponsor of the state Senate version of the bill thinks the measure's opponents are overreacting. The Florida bill does not refer to Shariah or any other individual religious laws. The proposal would only apply when foreign laws conflict with anyone's constitutional rights. Proposed legislation in Oklahoma that referenced Shariah law was approved by referendum, but blocked by a federal court until it is determined if the measure is constitutional.Groups against the Florida proposal feel the proposal has the potential to disrupt existing legal agreements. Other opponents of anti-foreign law bills claim the proposals are divisive, unneeded and applicable to only a small percentage of divorce and child custody cases.
Some of the passages in the Florida proposals were taken from a model designed for the American Public Policy Alliance. The draft was written by a controversial New York attorney who describes Shariah as an "offensive foreign law."
Florida Muslim groups and the Jewish-centered Anti-Defamation League have come together to voice opposition to the bills. One ADL representative called the proposals unnecessary because the Constitution already dismisses the use of foreign laws in U.S. courts.
In the meantime, Florida residents who are going through divorce or child custody litigation should know that the nothing has changed, and that all constitutional rights are still in place.
Source: Bradenton Herald, "Florida mulls outlawing Shariah, other foreign law," Matt Sedensky, Mar. 2, 2012
]]>A divorce settlement that includes property division and equitable distribution of assets carries with it a tax status change. Couples who were divorced in 2011 can no longer file returns under a married tax status. Estranged couples retain a joint or separate married tax status until a divorce is finalized.
]]> Couples who took tax refunds for granted often find they owe Uncle Sam after splitting up. Alimony and child support affect tax situations, depending on whether a taxpayer pays or receives the support.Experts encourage couples to get ready for changes through pre-decree negotiations. Couples with children are advised to work out plans for claiming dependent deductions and credits.
The IRS does not allow parents to split tax deductions for children. Custodial parents, the ones with whom the children live most of the tax year, are most often eligible for a child tax deduction.
It is possible for parents to swap child deductions in alternate tax years, but for this to work parents must have an agreement. Some ex-spouses try to claim child deductions whether or not they are eligible for them.
When both parents take a deduction for the same child, the parents' returns are rejected by the IRS, which means a delay on receiving a refund and penalties.
Experts realize that individuals caught up in divorce proceedings sometimes forget to address the tax implications. Some advisers suggest that a couple heading into divorce should make financial considerations a first priority.
Divorce agreements that cover all the tax bases for both spouses prevent spouses from IRS surprises after the final decree is issued.
Source: Columbus Dispatch, "Before finalizing divorce, decide who gets to take advantage of the breaks," Mark Williams, Feb. 24, 2012
]]>Equitable distribution may be the law during a Florida divorce, but many couples have difficulty agreeing on an asset split that is fair. Settlement complications are common among couples who have remarried or marry at an older age after personal assets have grown in value.
]]> Asset distribution starts by defining which property is separate and which are products of marriage. Some assets are harder to separate from marital property than others. In general, assets a partner had before marriage belong to the individual. Every asset accumulated during marriage is considered marital property. Problems surface when separate assets overlap marriage.Easily defined individual assets are ones that clearly belong to one party. For example, an inheritance belongs to the heir. If grandma's antique candleholders or her entire estate are designated to a woman, the inheritance is hers alone despite her marital status.
Difficulties in asset division arise when investment property enters the divorce picture. The value of homes, pensions and accounts that are subject to value fluctuations can be complicated to divvy up. Judges will examine whether a value-fluctuating asset was actively influenced by marital money or passively allowed to grow separately.
Experts say the legal rules of asset division can be mitigated by wise recordkeeping. Placing a personal asset, like an old pension, in a separate account and allowing it to grow passively prevents it from commingling with marital funds.
Financial specialists advise spouses to define the assets they have and want to keep as individuals long before the possibility of divorce. Sometimes this can be accomplished through a contract such as a prenuptial agreement, where future spouses negotiate what belongs to each person before a marriage even happens.
Source: Cleveland Jewish News, "Take steps today to avoid divorce's rocky road," Andrew Zashin, Feb. 15, 2012
]]>Divorce among spouses older than age 50 has accelerated in the last two decades. Every fourth marriage among older people ends in divorce. There was just one divorce for every 10 older marriages in 1990, according to a report by the National Center for Family and Marriage.
]]> Marriages have been known to fall apart after the "nest" empties of grown children, but experts see other reasons that older couples call it quits. A large percentage of older couples today are part of the baby boom generation. Some divorce specialists contend that women of that generation are the first with more economic independence.Women are working and earning enough to support their own choices, including a single or divorced lifestyle. An AARP survey in 2004 found that 66 percent of later-life divorces were not initiated by men, but by women.
The author of "Going Solo: The Extraordinary Rise and Surprising Appeal of Living Alone" wrote that solitary living is the norm for 28 percent of the U.S. population. Poor marriages are no longer held together for financial reasons.
Some adults see their 50s as a time for escape from years of child care, housework and routine. One Florida divorce attorney sees many women clients who feel renewed and ready to explore in their 50s. Economic dependence on a husband is not the deciding factor it was for women divorcing two decades ago. The barrier of affording an unmarried lifestyle has become lower for a generation of older women seeking later-age divorce.
Source: Palm Beach Post, "After age 50, women are divorcing at double the rate of 20 years ago," Barbara Marshall, Feb. 7, 2012
]]>The once-married couple purchased the three-bedroom house in 1985. Four children and seven years later, the husband and wife separated permanently. The wife stayed in the home, raised the children and attempted to keep up the mortgage payments.
]]> A few late house payments created a problem. The ex-husband's credit rating was too low for him to qualify to buy another house. He signed a quit-claim deed eight years ago to release his legal attachment to the marital property.The wife was then required to sell or refinance the property in her own name. The mother of four's modest salary as a distribution worker did not meet the qualifications mortgage lenders demanded.
A judge in the county where the ex-husband lived ordered the sale of the marital property in 2006. The ex-wife dug in her heels and went to court, sometimes in her own defense because of lack of funds for legal fees.
Last summer, a Jacksonville Circuit Court judge acted on the ex-husband's request to force the sale of the property. The home was ordered to be sold.
A real estate investment company purchased the home at auction last fall. The mother and now grandmother of six stayed in the home and continued to make mortgage payments. She is $11,000 away and three years from paying off the original mortgage. The ex-wife claims she is not going to budge until authorities come to remove her.
There are better ways for a divorcing couple to handle a division of assets. Consulting with family law attorneys can usually help lead to a negotiated settlement.
Source: Jacksonville.com, "Close to paying off home, Jacksonville woman waits for eviction," Steve Patterson, Feb. 3, 2012
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