As with most financial accounts, retirement accounts afford the participant (person contributing to the account/account holder) the opportunity to place beneficiaries on the account in the event the participant becomes deceased prior to extinguishing the funds in the account. A common question often in the mind of the participant is, “What will happen to my retirement account if I get divorced?” In Florida, the income of the husband and wife is considered to be marital property, as well as the benefits received therefrom. Funding a retirement account using funds from your income (paycheck or individual deposit) could designate all, or at least a portion of your retirement account as marital property. The problem with dividing up a retirement account as part of a divorce proceeding is that both the Employee Retirement Income Security Act (ERISA) and the IRS prohibit retirement plan participants from assigning their interests in their plan to anyone absent a Qualified Domestic Relations Order (QDRO).

QDRO is a court order that creates a right in the “alternate payee” (former spouse) to receive a portion of the benefits that would be payable to the participant (other former spouse) in accordance with that specific retirement plan’s rules. In reality the way this works is either by agreement between the parties or by order of the court, the alternate payee will be designated a portion of the other spouse’s retirement plan expressed either as a specific dollar amount or as a percentage of the marital portion of the account balance as of a valuation date. If the participant began contributing to the plan after the parties were married, the valuation date is usually the date of the filing of the petition for dissolution of marriage or any other date as agreed to by the parties or ordered by the court. If the participant was contributing to the plan before the parties were married then the valuation of the account is usually determined as the value of the plan on the valuation date minus the value of the plan on the date of marriage. After the dollar amount or percentage is determined and final judgment has been entered by the court a proposed QDRO will need to be drafted. The first step in drafting a QDRO is for the attorney or draftsperson to contact the Plan Administrator (PA) for a sample QDRO specific to your plan. Depending on the response time from the PA your order could be draft in a little as a day or two or in as much as two to three weeks. After the proposed QDRO has been drafted the attorney will then send the proposed QDRO to the PA for review. This process usually takes about 30 days. Upon receipt from the PA that the proposed QDRO complies with the plan rules it is sent to a Judge for signature to become a valid and binding court order. The attorney will send the signed QDRO back to the PA who will then begin administering the plan according to the order.

QDRO’s are very specific in nature to each retirement plan and may vary greatly depending on the outcome of each individual divorce. If you think you may be involved in a divorce and would like some more in depth information about how your retirement account could be affected please contact one of our outstanding attorneys here at The Orlando Law Group PL at 407-512-4394. Offices Waterford Lakes, Lake Nona and Dr. Phillips.

Developmental disabilities include cerebral palsy, autism, spina bifida, Prader-Willi Syndrome, or other conditions that that manifest before the age of 18 and that constitute a substantial handicap that can reasonably be expected to continue indefinitely. The focus is on the decision-making ability of the person needing the Guardian.

How do YOU become a Guardian Advocate? First, you must be over the age of 18 and be a resident of the state of Florida. You must also submit to a level 2 background check under and provide a live fingerprint scan, and lastly, you MUST have an attorney if you are seeking to be the guardian of the property other than Social Security or other governmental benefits.

If you meet all the qualifications to become a Guardian Advocate, you can begin the process of becoming appointed as one. This process begins with a Petition that is filed with the Court along with the Oath of Guardian Advocate and a Designation and Acceptance of Resident Agent.

The next step will be to schedule a hearing with the Court. Upon successful completion of the documentation process, you should receive a letter or call from the Clerk of Court providing you with your case number, the name of your Judge, and the name of the attorney appointed to represent the person with the disability. (Tip: You will have to coordinate this hearing with the attorney appointed to represent the disabled person.) Prior to the hearing, you should draft a proposed order and Letters of Guardian Advocacy and bring them with you to the hearing.

After the hearing, but within 60 days of being appointed as the Guardian Advocate, you will need to submit what is called the Initial Plan. The Initial Plan provides information to the Court as to how you plan to care for the Ward. Additionally, within 90 days of the date of the anniversary of your appointment as a Guardian Advocate, each year you are required to file an Annual Plan.

If you are interested in becoming a Guardian Advocate or know someone who may need one, please contact our office at (407)-512-4394 and ask to speak to one of our knowledgeable and experienced Guardianship attorneys, Pamela Martini or Maytel Bonham. CLICK HERE to download our Guardian Advocacy Bootcamp Presentation.

Written by: Attorney’s Pamela G. Martini and MaytelMaytel Sorondo Bonham

When Custody Issues Threaten You Holiday Traditions

The holidays are often synonymous with the idea of traditions. Traditions are those little rituals that are passed down from generation to generation. For many people, traditions give a sense of unity, warmth and closeness. Oftentimes their consistency represents security.

That can be a little disconcerting if you’re in the midst of or have recently been through a family breakup. The traditions that you made the effort to cultivate in years past, might be turned upside down by the new realities of shared custody. For example, it may be that the children have always spent Christmas Eve with you at your parents’ house. Or maybe you always made cinnamon rolls on Thanksgiving while you all watched the Macy’s parade together. Perhaps the children have never been away from you on the holidays.

These rituals that once provided comfort can easily become a sticking point for divorced (or divorcing) parents. The reality is that your traditions will probably have to change in order to incorporate both parents and their extended families. Here are a few tips to make the coming months a little easier for everyone:

1. Don’t be afraid to start new traditions with your children based on your custody agreement. For example, if you don’t have custody of your children on Thanksgiving, create a new day-after-Thanksgiving meal, followed by a game night. Invite your family and make it into a fun event that your children will look forward to every year.

2. Take the time to explain some of the new plans to your children so that there are no surprises. Children are more adaptable than we often assume. Sure, they might miss some of the old traditions but they don’t need things to stay exactly the same. What really matters most is that they sense that they are loved and that they feel secure in the midst of this time of transition.

3. Be sure to review your custody order ahead of time. If you have a custody agreement, check it now. It is very common for holidays to be rotated annually. Be prepared to stick to the plan, right down to the drop off time and place. If your custody order is ambiguous or you can’t remember who had which holiday last year, communicate with the other parent and see if you can reach an agreement so there is no confusion on the actual holiday.

4. If you would like to request a change because of special circumstances, make your request early on. One of the keys to insuring that custody arrangements are tension-free is for parents to communicate with each other and plan the holiday well in advance.

5. Never put your children in the middle of any holiday disputes. If you and your ex cannot reach an agreement as to who will have the children on Christmas, don’t put the children in the awkward position of asking them where they want to be or letting them know how distraught you feel about the situation.

The best gift you might give your kids this holiday season, might just be the peace you convey and the tone you set during this time of turbulence and change in your family traditions.

Parental Alienation Syndrome

Divorce is not the most fun thing in the world.  There’s usually hurt and sometimes anger, which is to be expected.  The divorce process can either go easily with mutual respect, or it can create bitter feelings and hurt everyone who is involved. Divorce does not have to be, nor should it be a destructive process.   If it is, you can alienate the children.

During a divorce that involves child custody disputes, one or both parents can attempt to distance the child from the other parent. It can be a indirect attempt by a parent, such as making subtle negative comments about the other parent in front of the child. One parent will often criticize the other parent, trying to instill anger and extinguish the child’s bond with the other parent.

At times, one parent will inform the child about the divorce process and the struggle between both parents. One may roll her eyes at something the other parent said, or blame the other for not trying to make the marriage work. Children should not have to deal with these adult emotional topics or ever be forced to pick sides.   When parents invoke these emotions of resentment toward the other parent, it can have lasting effects on a child. The child may develop separation anxiety or use the same techniques for dealing with relationships as an adult.

Signs of Parental Alienation Syndrome
Not all children show the same signs of parent alienation; however, many children do develop some type of resentment, hostility or desire to stay away from the other parent. A young child may cling to one parent and avoid the other parent. An older child may develop sleep disorders or have anger issues.
Other signs of alienation syndrome include:

  • Having trouble forming close relationships
  • Feelings of vulnerability
  • Conflicts with authority
  • Withdrawing from social situations
  • Developing psychological dependency
  • The Difference Between Alienation and Preference

Though parental alienation syndrome does occur in some divorce cases, there’s a difference between a child feeling alienated from a parent and preferring to live with the other parent. Some children may feel closer to one parent because of similar interests or because that parent is the primary care provider in the home. Though children may have a parental preference, they still want to spend some time with the other parent.

Parental conflict takes its toll on the child, resulting in the child choosing one parent over the other just to end the conflict. When children are caught in the middle between conflicting parents, they may align with one to remove themselves from the situation, even if they have no problems with either parent. An alienated child aligns with a parent because of deliberate parental involvement.
Children sometimes suffer the most during the divorce, but parents can decrease their children’s anxiety and make the process easier for them. The children are losing a unified home and must deal with the stresses that come with having divorced parents. Understand the signs of parental alienation, and keep the children’s best interests in mind to avoid any further hurt that comes with the divorce.

Getting a Divorce in your 50s or 60s

Over the last two decades, the percentage of couples divorcing in their 50’s and 60’s has risen from three to almost thirty percent.  Sociologists have a term for people in their 50’s and 60’s who are divorcing.  They coined the term “gray divorce”.  Baby boomers are living longer and more of them are divorcing.  This impacts not only their retirement and income, but also other important areas of their life. If you’re over 50 and considering a divorce, keep these things in mind before you put yourself in a stressful and financial hardship.

The Children
It doesn’t matter how old they are, they can be grown adults, with families of their own; consider their feelings and emotion when you are contemplating a divorce. A divorce can damage your family’s harmony and create an unnecessary divide if it’s not handled carefully. The two of you may not be married anymore, but you will always be your children’s parents.

Alimony
In long marriages, a spouse is entitled to permanent alimony. It’s not actually a permanent though.  Permanent alimony usually lasts until either spouse dies or the receiving spouse remarries. In some states, if the receiving spouse lives with someone else and has a supportive relationship, it can affect the alimony arrangement. The alimony payments also can be restructured after the supporting spouse retires and lives off a retirement fund.

Financial Assets
Couples who have been married for a while, have likely accumulated assets together.  It can be a home or retirement accounts or other investments, most people want to keep the home as part of the divorce settlement.  Keeping the house doesn’t always put you in a better position after the divorce. In most cases, a house continues to have unexpected expenses, which may or may not affect its future value. As for retirement, it’s possible to split one spouse’s retirement account or 401(k) through a domestic relations order.

Life and Health Insurance Policies
Some couples, during their marriage, purchase a life insurance policy, which goes to the supported spouse after the divorce. If the supporting spouse dies, the supported spouse gets the insurance payout. After a divorce, you may not want your ex-spouse being the beneficiary of your life insurance policy.  You may find yourself in a position to take out a new life insurance or health insurance policy.  Unfortunately, at a later stage in life, there may have pre-existing conditions that raise the costs of obtaining a new life insurance policy. Health insurance may also cost more after 50, so look into a replacement health insurance policy soon after the divorce.

Social Security Benefits
Social Security benefits can help the lesser-earning spouse after the divorce. In fact, the lesser earner can receive Social Security benefits based on the higher earner’s work record. However, the marriage must have lasted at least 10 years, and the lesser earner must be 62 or older. Even if the higher-earning spouse has not applied for Social Security benefits, the lesser-earning spouse can collect the benefits if the couple has been divorced for a minimum of two years.

Can Grandparents have Visitation Rights in Florida

A new law in Florida relating to members of the military states that if a parent is activated, deployed, or temporarily assigned to military service on orders in excess of 90 days, the parent may designate a family member, a stepparent, or a relative of the child by marriage to engage in time-sharing on the parent’s behalf.

So if the parent in the military designates a grandparent to time-share in his or her stead, the court would enforce such a designation. The Florida Supreme Court has consistently held all statutes that have attempted to compel visitation or custody with a grandparent based solely on the best interest of the child standard to be unconstitutional.

Under current Florida law, a grandparent may file a petition and obtain visitation rights as to a grandchild when it is in the best interest of the child and one of three conditions have been met:

  • The parents’ marriage has been dissolved
  • A parent has deserted the child or
  • The child was born out of wedlock and the parents never marry

A court is allowed to consider a number of factors when it determines what is in the best interest of the child. None of these factors are decisive or irrefutable in and of themselves. A court will not likely make a decision regarding grandparent visitation based only on the presence or absence of one factor. The court will look at the presence or absence of all of the following factors before making a ruling:

  • The willingness of the grandparents to encourage a close relationship between the child and parents
  • The length and quality of the relationship between the grandparents and child before the divorce
  • If the child is old enough to express a preference, that preference will be considered
  • The mental and physical health of the child
  • The mental and physical health of the grandparents
  • Any other factors the judge wants to consider

What happens when one of the child’s natural parents remarries and the stepparent adopts the child? Florida will not automatically terminate any grandparent visitation rights just because a natural parent remarries and the child is subsequently adopted by the stepparent. However, a Florida court can still terminate the grandparents’ visitation rights if it believes that continued visitation with the grandparents is not in the child’s best interests. Before a court decides this, though, it must hold a hearing and allow the grandparents an opportunity to be heard.

A new law in Florida relating to members of the military states that if a parent is activated, deployed, or temporarily assigned to military service on orders in excess of 90 days, the parent may designate a family member, a stepparent, or a relative of the child by marriage to engage in time-sharing on the parent’s behalf.

So if the parent in the military designates a grandparent to time-share in his or her stead, the court would enforce such a designation. The Florida Supreme Court has consistently held all statutes that have attempted to compel visitation or custody with a grandparent based solely on the best interest of the child standard to be unconstitutional.

Under current Florida law, a grandparent may file a petition and obtain visitation rights as to a grandchild when it is in the best interest of the child and one of three conditions have been met:

§  The parents’ marriage has been dissolved;

§  A parent has deserted the child; or

§  The child was born out of wedlock and the parents never marry.

A court is allowed to consider a number of factors when it determines what is in the best interest of the child. None of these factors are decisive or irrefutable in and of themselves. A court will not likely make a decision regarding grandparent visitation based only on the presence or absence of one factor. The court will look at the presence or absence of all of the following factors before making a ruling:

§  The willingness of the grandparents to encourage a close relationship between the child and parents

§  The length and quality of the relationship between the grandparents and child before the divorce

§  If the child is old enough to express a preference, that preference will be considered

§  The mental and physical health of the child

§  The mental and physical health of the grandparents

§  Any other factors the judge wants to consider

What happens when one of the child’s natural parents remarries and the stepparent adopts the child? Florida will not automatically terminate any grandparent visitation rights just because a natural parent remarries and the child is subsequently adopted by the stepparent. However, a Florida court can still terminate the grandparents’ visitation rights if it believes that continued visitation with the grandparents is not in the child’s best interests. Before a court decides this, though, it must hold a hearing and allow the grandparents an opportunity to be heard.

 

Summer Plans for Divorced Parents

It’s almost summer again, at least it’s starting to feel like it in Florida.  Kids look forward to summertime; having fun, outdoor activities and most importantly, no school. While all that usually comes with summer break for kids, depending on the circumstances, it can be a hard time for kids of divorced parents.

Typically, children are with one parent or the other for longer periods of time over the summer than during the school year. In summer time, regular schedules and habits change. It’s this change up in routine and scheduled parent time that can produces anxiety for children and concern for parents.

Below are some tips to help separated and divorced parents make a smooth transition from a school year schedule to summer vacation time and make it stress-free for everyone.

Discuss vacation plans early. Before you book the cruise or pay the deposit on summer camp for the kids, talk to your former spouse about plans to enroll children in summer programs or taking vacation trips. That way everyone can make plans and their schedule work time and also gives children a clear understanding of how their summer break will be spent. By taking care of this sooner rather than later, it allows time for parents to identify and resolve any schedule concerns that might arise in the planning process. Good advance planning will help reduce frustrations later. Be as flexible as

Communicate about schedule changes. Good communication is key in order to keep the peace and also respect as the foundation of a healthy post-divorce relationship. Clear communication about schedule changes minimizes surprises and ensures you know what’s happening in your children’s lives. If talking to your ex-spouse in person is too stressful, consider using email to stay up to date and also a shared online calendar. However, DO NOT use your child or children as messengers of schedule and vacation updates. Planning and scheduling are adult concerns, especially in co-parenting arrangements. Work to maintain a respectful tone in your communications, and use thoughtful negotiation to resolve any conflicts.

Be positive. Your children will remember the example of your attitude and mirror your behavior with your ex-spouse. Do your best, at all times, to never speak ill of your former spouse in front of your children and avoid asking them to take sides or favor one parent’s or home over the other. In order for your children to grow and thrive as adults, they should feel free to love both parents equally.  A child should never feel badly or confused about wanting to spend time with the other parent at any time of the year, vacations included.

Have fun.When you were a kid, I’m sure you looked forward to summer break, spending time with family, friends and unscheduled play time. By creating the space and opportunity for these types of situations, you’ll be positively creating those same types of memories for your own children. Spending summer vacation time with each parent, is simply part of the scheduling process that the adults must properly manage. What your children will remember is how they felt and what they experienced through their parents’ interactions with each other.

Though summer vacation may require additional planning and communication with your ex-spouse, it can also be a time that you create special memories that will last forever. Cooperating and be flexible with your former spouse for summer plans and remember to put the kids first.

Ten Tips For Nominating Your Childs Guardian

Parents do not like to think about needing a guardian for their children.  Unfortunately, we have no control over the time of our deaths but we do have control over whether we plan for them.

A very important part of your estate plan is the nomination of a guardian for your minor children. If, before your death, you do not choose the person or persons you believe would be suitable guardians of your children, then after your death the judge is left to guess who you would want to care for your children.

The nomination of a guardian is a straightforward aspect of any family’s estate plan and is best made in your Last Will and Testament. It can be as basic or detailed as you want.

Here are 10 Tips to consider when selecting a guardian to nominate for your children:

  1. Make a Long List of Potential Guardians. When trying to identify the right people to serve as guardian, make your initial list of potential guardians very broad. Consider all of your extended family members, as well as friends and neighbors.
  2. Make a List of Possible Guardian Characteristics. Make a list of all the possible characteristics that your child’s guardian might have, and then rank the importance of those characteristics to you in light of your personal beliefs and your child’s needs.
  3. Rank the People on List #1 Using the Characteristics on List #2. Analyze each of the potential guardians in light of the personal characteristics that you deem important. You might be surprised to learn that a close friend is actually better suited to raise your children than your sister is.
  4. Once You Have Narrowed Your Choices Down, Talk to Them. While your sister may truly love your children, talk to her about the responsibility it would involve and make sure that she would accept if the situation arose. If you are not 100% confident that she would, add another person to your list of nominees so there will be someone to take her place should she decline.
  5. Nominate Only One Person at a Time. While it might seem to make sense to nominate both your sister and her husband as your child’s guardian, consider naming them one at a time. This avoids issues in the event they are not able to agree on a decision relating to your child.
  6. Nominate More Than One Successive Guardian. Consider that your first choice for a guardian might not be able or willing to serve at the actual time a guardian is needed. Name as many successor guardians as you are comfortable with, who would serve in the order listed.
  7. If You Nominate “In-Laws,” Consider Potential Life Changes. If you should choose to nominate your sister first and her husband second, consider whether you would still want him to serve if he and your sister were separated or divorced at the time of your death and instruct accordingly.
  8. Do Not Let Disagreements Between You and Your Spouse Stop You from Nominating a Guardian. If you and your spouse disagree, you should respect the other’s opinion but each prepare your own nomination. Should you die simultaneously; the court will simply have to decide which nomination is in the child’s best interests. This is far better than the court having no indication of what either of you wanted. Moreover, if the person nominated by your spouse is unable or unwilling at the time to serve, then that person will not even be considered.
  9. Consider Naming A Guardian of the Person and A Guardian of the Estate. Duties over your children’s care and their financial resources can be split between two different people if you believe that is in your child’s best interests to do so.
  10. Make Sure Your Nomination is Legally Valid. Florida law requires that persons being nominated meet certain legal requirements. The law also requires that the nomination of an initial or successor guardian be made in writing and witnessed by at least 2 credible witnesses over the age of 18, neither of whom has been nominated as the guardian. The best place to make this nomination is in your Last Will and Testament with the assistance of an experienced estate planning attorney.
Be Careful What You Post on Social Media During a Divorce

You should be aware of the perils of using social media during a divorce or will be involved in a court case for custody, co-parenting and assets. Facebook, Twitter, LinkedIn, YouTube, Pinterest, personal blogs and tons more online sites are a part of pretty much everyone’s lives these days. All social media establishes a record of communication. Social media allows us to put details of our lives on display where others can see it, share it and comment on it.

Regardless of how casual or informal your social media posts may seem, these posts and comments can be obtained and used against you in divorce or custody proceedings. This applies to Facebook updates, tweets, photos and information posted through any other social media site. Also, your emails and text messages, ones to and about your ex-spouse, are now admissible as evidence in court.
You should count on the opposing counsel to be checking out your social networking sites and the activity you post there. Social Media sites have become important resources for guiding questions asked during divorce proceedings. Many attorneys also conduct a Google search of all parties.

You may think you have set your profile, message or post to private, but it still has the potential to spread to as large a community as you can imagine. One thing to consider when putting information on social networking sites is that you can’t remove it. The entry is permanent, even if you delete it.

Before you post to a social media site consider these points:

  • Evaluate your emotions before writing anything. If you’re frustrated or angry, don’t post any comments or pictures.Think about what you would want your children and family to have access to in the future.
  • Once you post, your privacy is breached and you can’t take it back.
  • Unfriend or block your soon to be ex-spouse and common friends to prevent damaging online communications.
  • Check and change your privacy settings. Remember, your ex-spouse’s legal team can find and view everything posted on social  media through research an discovery regardless of privacy settings. Every posting, even deleted ones, are permanent.
  • Assume your posts are also under review, hold back from online behaviors that may be viewed as unfitting during divorce proceedings: flirting via chats, active profile on dating sites, texting while driving, drinking around the kids or any pictures showing you in a negative light.
More About Estate Planning for Blended Families

Estate planning for blended families is complex and it requires a watchful eye and a delicate touch. Clients in blended families should understand that there are important additional issues unique to them that must be addressed, like how to properly provide for their spouse without accidentally disinheriting their own kids. If there are minor kids, planning for their custody adds further complexity.

A blended family can make estate planning more complicated. For example, you may want to leave different inheritances to biological children than you would to stepchildren, or to protect your biological family’s inheritance in the event your spouse remarries.

A solid estate plan can help you prepare for these or other scenarios. With so many kinds of blended families, it makes sense to put in place a plan that directs your assets to the people you choose, rather than possibly to someone you don’t know or don’t necessarily want as a recipient.

Understandably, many couples will be inclined to procrastinate, uneager to revisit past relationships. But reaching a successful outcome to their estate planning demands that they plan with an eye toward the past as well as toward the future. An experienced estate planning attorney can help facilitate those potentially painful conversations.

Potential pitfalls
Blended families without an estate plan may run the risk of scenarios like the following:

  • An ex-spouse inherits the former spouse’s bank accounts, home, or retirement assets, even though the former spouse has willed them to his children.
  • One child inherits the family home, even though the home was promised to another child.
  • A spouse dies before his new wife and leaves his estate to her; when she dies, she leaves the assets to her children, not to his.

Prenuptial agreements
A prenuptial agreement can be a good way for parents who are remarrying to specify which of their assets they’d like to earmark for their children. For example, a prenuptial agreement can help couples designate college savings they each have put aside for the children from their first marriage. A postnuptial agreement, signed after the couple has taken their vows, is less common but could work the same way.

What is my filing status

By law your filing status is determined as of the last day of the calendar year. You are considered unmarried for the whole year if, on the last day of the tax year, you are unmarried or legally separated from your spouse as determined by a divorce or separate maintenance decree.

So if your divorce became official in December, you can’t file as married even if you were for most of the calendar year.  Your filing status will be either single, or you can claim “head of household”.

Sometimes couples in the middle of a divorce may qualify for filing as single or head of household. In order to do so, you must meet the following criteria:

    • You have lived apart from your spouse for the last six months of the tax year
    • You have paid over half the cost of maintaining your primary residence
    • You must be able to claim your child or children as your dependents according to the rules for children of divorced or  separated parents
    • You have to file a separate tax return from your spouse, even if you are still legally married

Dependents
A child can only be claimed on one tax return – you can’t both claim the same kid as a dependent. This may present a problem if you are divorced or separated. You can claim your child as a dependent on your tax return if the divorce decree names you as the custodial parent.

If you have more than one child, you may choose to split the dependency of the kids up between the two parents, which is allowed even if both kids spend the same amount of time with each parent.

Child Support
Child support is always tax-neutral, meaning unlike alimony it doesn’t affect your taxes in any way. It is non-taxable income to the person receiving it and it is not tax-deductible by the person paying it. In some cases, you or your spouse may be paying both spousal and child support.

Itemized Deductions
For itemized deductions, such as charitable contributions, you would generally be able to claim the expenses you paid individually and half the expenses that were paid from a joint account while you were married.

Legal fees and expenses involving personal matters are normally not deductible, but you can deduct the portion of fees paid to divorce-industry professionals for tax advice or for help in getting spousal support. Additionally legal expenses related to the taxpayer’s business are usually deductible. If you own and operate a privately held business and incurred legal expenses related to that business during the divorce process, then those expenses may also be deductible.

If you divorce in the middle of a tax year, your judgment or settlement agreement should clearly define how income earned and expenses paid during the marriage are to be reported. This helps to ensure filing accuracy and avoid inconsistent returns. If for some reason the income earned and expenses paid during the marriage is not clearly detailed in the divorce agreement, you should consult with your former spouse when preparing your tax return to avoid IRS issues which will impact to both your return and that of your former spouse.

Living Together During A Divorce

When a couple decides to divorce, sometimes one spouse moving out right away is not an option, for financial reasons, or to wait until the marital house sells.  Though this living arrangement certainly would not work in all relationships, it can if the terms of the divorce are amicable enough to last another few months under the same roof.If you are considering living with your soon-to-be ex-spouse during a divorce, here are a few ground rules for the potentially uncomfortable situation.

Talk About Your Budget
Since financial disagreements are one of the main reasons that people split up, be sure to handle this situation cautiously. Sit down with your ex to determine the financial obligations that you share. If both of you work and earn similar incomes, then consider dividing the financial burden equally. However, if one of you earns significantly more than the other one does, then you’ll need to negotiate. While preparing for divorce, create a manageable budget for the time that you’ll remain in the same residence.

Share Responsibilities Amicably
Once you and spouse have decided to dissolve your relationship, be sure to share household responsibilities while you are living in the same home. Allocate the chores fairly and plan a time to do them. Decide where each of you will sleep, and be considerate of each others’ personal space. In fact, try to think of your ex as a roommate. For instance, wash the dishes that you use, and don’t eat food that the other person purchased. Be mindful of the time that you spend in the bathroom and share the home’s common family areas.

Come up with a Parenting Plan
When you’re preparing for divorce, you’ll need to organize a parenting schedule. Decide which days each of you will have full responsibility of the kids. If you have an infant or a toddler, then you will need to decide who will take care of feedings, oversee baths and get up at night with the child. Be sure to share school drop offs and pick ups as well as the responsibility of transporting children to and from after school activities. A parenting schedule will help your children adjust to the separation, and it may make it easier for them to shift households once you and your ex no longer live together.

Have Separate Rooms
It can be easy to fall into old habits, but do not sleep together. The intimacy is likely to be confusing, and if one of you would like to reconcile the relationship, then your eventual permanent separation will be even more devastating.

Don’t Bring Home a Date
To make your living situation function more smoothly, do not bring a date home while you are living under the same roof with your soon-to-be ex-spouse. Once you are divorced, it’s fine to date, but be considerate of your ex’s feelings.

When you carry out basic living considerations and exercise patience, you and your ex can continue living together while getting a divorce until your finances and emotions permit you to move on to the next phase of your life.

Moving On After a Divorce

The time right after a divorce can be tough. You are essentially starting a new chapter in your life.  Moving on after divorce can be adifficult concept for many people. It’s important to stay optimistic and keep good friends around you, a support system is crucial atthis place in your life.
Here are a few tips that will certainly allow you to get back to the normal, happy you:

Grieving is Important
After your divorce has been finalized, you may find yourself emotionally unprepared for the aftermath. If you haven’t given yourselftime to mourn the small things, it will be hard to move on.  You need to allow yourself time to grieve after a divorce. By recognizing that you have made the best decision for you and your family, however, you will ultimately be able to continue on with your lifewithout any baggage.

Be Upfront With Your Kids
You may understandably be anxious about divorce and how it will affect your children. In nearly all instances, it is best not to dance around the issue. Explaining the divorce to your kids openly and honestly will surely win you a tremendous amount of respect. When you let them know that you will remain an essential part of their daily lives, you will be decreasing their fears and allowing them to also move on.  By continuing to attend their football games, ballet recitals, and other important life milestones, you’ll be showing your children that they are still mean the most to you.

Keep an Eye on Your Finances
When moving on after divorce, you may find yourself at first struggling with finances. If you are a newly single mom or dad, sticking to a budget during the week will give you enough cash to relax a bit with the kids on the weekend.  In fact, there are a broad array of divorce support groups that will help you with your financial planning. While child support will often come into play, you should do whatever you can to put yourself on sound financial footing going forward after a divorce.

Date Responsibly
When starting over after divorce, you are going to want to have company. By reentering the dating game, you’ll be on the fast track to companionship.  Friendship itself can be exceedingly rewarding. Try to choose dating partners who will treat your kids with respect. While some potential matches may be put off by divorce and children, others will be perfectly thrilled to meet your kids.
In the end, you should plan your steps carefully when starting over after divorce. Through honesty, optimism, rigorous financial planning, and divorce support groups, you’ll feel refreshed and reinvigorated. Having accepted things as they are, you can begin constructing a wonderful new life.

7 Legal Documents You Need to Change After a Divorce

If you’re recently divorced, you’ll need to change most of your legal documents. I know, paperwork is the last thing on your mind, but it will avoid frustrating situations down the road.

Here are seven legal documents you should change as soon as possible after your divorce papers are signed:

1. Powers of Attorney

Besides updating your will, you’ll also need to update your living will to give power of attorney to somebody other than your ex-spouse. If you’re incapacitated for any reason, whoever has medical power of attorney will be able to make healthcare decisions for you, which can have life-changing consequences.

2. Property Titles

You’ve probably already settled on who owns what, but you still need to finish updating legal documents like car and house titles to prove ownership. Whether you’re moving or staying, you’ll need your ex-spouse to sign the documents to renounce ownership.

3. Social Security and ID Cards

If you’ve finished changing your name after a divorce, it’s time to contact the Social Security Administration to update your government records. Failure to do so could make it more difficult to take out future lines of credit or receivebenefits after you retire. You’ll also need to update your driver’s license and other ID cards to reflect your new personal information.

4. Last Will and Testament

Most married couples leave their estates to each other and their children. Updating your will is inexpensive, fast, and easy compared to writing a new one, and you can remove an existing beneficiary and change the executor in the blink of an eye.

5. Beneficiaries

You’ll need to go through all of your financial accounts and change your beneficiaries. While you’ve likely already changed your bank accounts, you’ll still need to change your investment and retirement accounts. If you plan on changing your name after a divorce, update your accounts with your new personal information.

6. HIPPA Forms

HIPPA forms authorize the release of your medical information to select individuals, and if you received medical treatment while married, you likely designated your ex-spouse as your contact. You’ll need to contact each hospital and medical practice individually to change every HIPPA form you’ve ever signed.

7. Medical Authorization and Treatment Forms

These forms allow doctors to provide medical treatment to your underage children if they’re not accompanied by you or another legal guardian. You’ll want to update them to make sure babysitters, teachers, and other caretakers have the legal authority to seek medical treatment if necessary.

In addition, you’ll want to change your utility, television, Internet, and other personal accounts to give yourself sole ownership. If you’re moving out, you won’t want to pay your ex-spouse’s bills. Most of these accounts can be changed quickly with minimal paperwork.

Updating legal documents should only take a month or two after completing your divorce. This simple step will make your life much easier. The fewer loose ends you leave, the fewer headaches you’ll need to deal with in the future.

 

Divorce is not the most pleasant experience. It represents an end to something that was once, presumably happy, and the process can lead to hurt feelings. When there are children involved, they may feel isolated and confused.

There is often times heartbreak and there may be a lot of pain, but going through a divorce doesn’t need to be a battle or leave both parties feeling frustrated and overwhelmed.

There are three divorce options in the State of Florida that are designed to make getting a divorce easier. Most importantly, having an amicable divorce can protect your children through an otherwise difficult time and save you time and money.

The three types of amicable divorce options are:

1. Divorce Through Mediation

Mediation helps each spouse to come up with their own unique resolutions rather than seeing what the court imposes. This type of divorce is a cost-effective and time-saving alternative to formal litigation, which costs a lot more money and can take a few months or more.
Divorce through mediation can assist with different kinds of disputes, such as child custody arrangements and co-parenting or dealing with dividing marital property. The benefits of mediation include:

  • A more time-efficient and cost-effective process than a traditional divorce
  • A less-expensive alternative to court trials and hearings
  • A confidential process with no public record of the mediation session

2. Uncontested Divorce

Terminating the marriage within days instead of weeks and months, is a benefit of an uncontested divorce. It costs much less than a contested divorce, and both parties can create agreements that work for their situations rather than leaving it up to the judge to decide. Both parties must agree with every issue of their marriage, such as custody and visitation, alimony and child support. The parties sign a Marital Settlement Agreement, which must then be approved by the court before it becomes part of the divorce decree.

Collaborative Divorce

Similar to the uncontested divorce, is the collaborative divorce. Both parties have to agree to the issues of their marriage and decide to bypass a typical litigation. This type of divorce places the children’s best interests first, and both spouses work together with their attorneys and a mediator to reach an agreement on all the issues related to the divorce. A collaborative divorce is obtained by the following steps:

  • Both spouses must agree to the collaboration before starting the legal portion of the process. Afterward, the parties establish a participation agreement, which outlines the commitments in the divorce.
  • The spouses and their attorneys sign a contract that commits to resolving the issues related to the termination of marriage without going to court. Everyone involved works together to arrive at a mutually acceptable settlement.
  • Both parties act in the best interests of the children to promote positive relationships with the divorcing spouses and to minimize any emotional effects.

If either spouse ignores the participation agreement and pursues outside legal representation or court, the collaborative attorney must end his or her representation of the client.