Beroes Law CenterAllegheny County Lawyers | Beroes Law Center | Pittsburgh2024-03-18T11:02:32Zhttps://www.beroeslawcenter.com/feed/atom/WordPress/wp-content/uploads/sites/1503766/2023/10/cropped-ID-image-32x32.jpgOn Behalf of Beroes Law Centerhttps://www.beroeslawcenter.com/?p=2459742024-02-14T03:38:39Z2024-02-14T14:39:32ZCommon concerns in a gray divorce
This is especially true if you are at or past retirement age and continuing or returning to full-time work is not an option. Perhaps you do not want to move out of the house you have lived in for years or share half of your retirement earnings with your spouse.
Alimony and spousal support can also take on larger roles in a gray divorce. Couples who are younger and have many working years ahead of them are generally less likely to be awarded alimony or spousal support and might be less concerned about it.
However, in a gray divorce, alimony or spousal support are often the only available means for a person to support themselves.
These concerns are valid, since a gray divorce can be financially harmful if it is not handled properly.
Another issue with a gray divorce is the amount of time it takes spouses to financially recover. Almost everyone comes out of a divorce financially worse off than they were when they were married.
If you are older, you have less time to recoup the financial losses suffered. If you are close to or at retirement age, you could lose out on the opportunity to work full-time to regain your financial stability.
These are all examples of factors that make gray divorces unique, but there are many steps you can take to avoid or reduce the negative financial implications of a gray divorce.
Know and understand your financial picture
Carefully assess your financial situation. You will be required to complete financial disclosures where you list your assets, debts and the value or balance of each.
After so many years of marriage, you may not be sure of your financial scenario. This is common in gray divorces.
Consider working with a financial advisor to help understand your current financial situation. Learn about your financial needs, budgeting for your single life and develop a retirement plan.
Decide what to do about your housing situation
Once you have an idea of your financial picture, assess your living situation. You might need to relocate and downsize from your current home.
This is sometimes necessary even if your spouse agrees that you can keep the marital home, which you could have strong personal or emotional ties to. However, if you cannot afford to keep up the marital home on your own, you may need to sell it.
If you relocate, think carefully about where you relocate to. Moving closer to family or to a different environment could be best for your financial and emotional health.
Finally, do not forget to update your estate plan. This task is easy to forget in any type of divorce. Update your will, power of attorney and beneficiary designations.]]>On Behalf of Beroes Law Centerhttps://www.beroeslawcenter.com/?p=2459522024-01-23T00:51:19Z2024-01-26T19:28:16Zspousal support and permanent alimony.
When can permanent alimony be modified?
Although an initial permanent alimony award might provide you with some financial support, the circumstances of your spouse’s financial situation at the time of the property and asset division may preclude you from recovering what you otherwise deserve. As a result, when circumstances change, you might be justified in seeking an alimony modification.
To be clear, here we are discussing a permanent alimony award. A permanent alimony award is a financial monthly obligation the higher earning spouse pays to the lower earning spouse after the divorce proceedings and litigation are finalized. Permanent Alimony requires careful legal argument and strategy. As opposed to an A.P.L. or alimony pedente lite award which is a financial monthly obligation the higher earning spouse pays to the lower earning spouse during the divorce proceedings and litigation. Spousal support in general is designed to put the lower earning spouse in a position to financially stabilize themselves both during and after the divorce proceedings and litigation.
To succeed on a motion to modify your permanent alimony award, you’ll have to present evidence that proves, by a preponderance of the evidence, that there has been a substantial and continuing change in circumstances. With that in mind, here are some situations that may warrant an alimony modification in your case:
Your spouse gets a new job: If your former spouse is promoted or secures a new job with higher pay, then you might be justified in seeking spousal support modification. After all, your former spouse now has more funds to lift you up closer to the marital standard of living. Here, you’ll need to gather evidence of your former spouse’s new income, which should be easy enough by utilizing the power of a subpoena. Just remember, if your former spouse ends up being demoted or losing their job, then you might face a modification to decrease the amount of spousal support paid.
You unexpectedly face income loss: Losing your job can leave you in a difficult financial position. Fortunately, if your job loss was involuntarily and you’ve taken steps to mitigate your financial damage, then you might have a valid argument to seek an increase in your spousal support amount. Keep in mind, though, that choosing not to work won’t garner any sympathy from the court.
Your expenses have dramatically increased: Before your divorce is finalized, you should have an idea of what your budget is going to look like. But life changes, sometimes in the blink of an eye, leaving you in a dire financial predicament. This often happens when unanticipated medical issues arise. So, if your household expenses have significantly increased, be sure to document them and retain your bills so that you can use them as evidence in your request to modify alimony.
You’ll have to appear in court for a hearing on the matter. This doesn’t preclude you from trying to negotiate resolution with your former spouse, but you should be armed with evidence, ready to litigate your motion if it comes to that.
Are you ready to fight for the alimony that you deserve?
If circumstances have significantly changed since your spousal support order was issued, then now is the time to consider modification so that you can try to recover what you’re owed. It might be a contentious battle, but it’s one that you need to face to protect your long-term financial interests. Fortunately, you can find help with your permanent alimony dispute so that you give yourself the best possible chance of success under your circumstances.]]>On Behalf of Beroes Law Centerhttps://www.beroeslawcenter.com/?p=2459452023-12-12T06:39:52Z2023-12-15T06:39:00ZParental alienation can drive a child away from one of their parents, resulting in depression, anxiety, lack of trust, low self-esteem, and behavioral issues. The ripple effects caused by these issues can be significant, too, impacting everything from your child’s school performance to their ability to build healthy relationships.
What can you do about parental alienation?
If you suspect that you and your child are being subjected to parental alienation, then you need to take immediate action to try to bring it to a stop. If you sit on it, then you and your child will continue to be negatively impacted. But how do you go about stopping parental alienation?
You’re likely going to have to file for a child custody modification that seeks an arrangement that protects your child and preserves your relationship with him or her. To be successful on this motion, though, you’ll need evidence demonstrating that parental alienation is actually occurring. Here are some ways to prove alienation:
Lay witness testimony: One way to prove parental alienation is to have family members, friends, and school personnel testify as to lies told by the other parent and other behaviors aimed at cutting you off from your child. Your own testimony here can be powerful, too, but you want to ensure that it’s corroborated.
Social media posts: Your child’s other parent probably posts on social media about their frustrations, which might include you and your relationship with your child. But these posts can also be insightful, as they can demonstrate how your child’s other parent disparages you in a way that can be easily observed by your child. These posts can also highlight the lengths to which the other parent has gone to cut you off from your child. You also might want to look at your child’s social media posts to see how they portray you and how strongly tied they are to the other parent’s beliefs and actions.
Written communications: Emails and text messages can also be strong evidence. They might show the hostility that’s deployed against you and the obstacles that are thrown at you to maintain contact with your child. You’ll want to scrutinize these communications to see if your child has echoed any allegations contained within them, as drawing this link is oftentimes viewed as strong evidence of alienation.
Expert testimony: Expert testimony tends to carry a lot of weight with the court. So, if your child is seeing a therapist or some other mental health professional, then you should assess whether they have an opinion as to whether parental alienation is occurring and how your child manifests the impact of that alienation.
Don’t let parental alienation ruin your relationship with your child
The impact of parental alienation can be tragic for you and your child, which is why you need to bring it to a stop as quickly as possible. The good news is that family law courts are becoming much more receptive to arguments about this issue.
]]>On Behalf of Beroes Law Centerhttps://www.beroeslawcenter.com/?p=2459432023-11-20T06:38:03Z2023-11-23T18:41:36Za type of estate planning tool known as a special needs trust.
Creating a trust
A trust is created when a person (known as the grantor) places assets under the control of a trustee, who manages the assets for the benefit of a beneficiary. There are many ways to design a trust, and they can be tailored for a wide variety of situations, needs and goals.
A trust can go into effect during the grantor's lifetime or upon their death. In some trusts, a grantor names themselves as the beneficiary and then names their heirs as their successor beneficiary. In this way the trust continues after the grantor's death.
For the purposes of estate planning, one of the main benefits of putting assets in a trust is that, because the assets are no longer owned by the grantor, they are not considered as part of the grantor's estate when the grantor dies. Because they're not part of the estate, they don't have to go through the probate process.
Special needs trusts
A special needs trust takes some of these concepts and tailors them for the unique situation of a beneficiary who has special needs. In this type of trust, the trustee manages the assets for the person with special needs, giving them regular payments, directly paying their care providers, or otherwise using the assets in the trust to provide for the beneficiary's needs.
Furthermore, a special needs trust can be set up so that the beneficiary maintains their eligibility for government programs such as Medicaid or Supplemental Security Income. These programs pay for the basic expenses of many people with special needs, but generally don't pay for any other expenses that might come up. However, these programs also have strict financial eligibility requirements. A person who has more than a certain amount of income or assets becomes ineligible for the programs.
When instructed to do so, a trustee can get around this problem by ensuring that the beneficiary's needs are met without disqualifying them for their much-needed benefits.]]>On Behalf of Beroes Law Centerhttps://www.beroeslawcenter.com/?p=2459142023-11-15T14:15:34Z2023-10-30T19:22:50Zfinancially prepare yourself for the next chapter of your life.
Tips for protecting your financial stability post-divorce
Adequate planning is one of the best ways to alleviate the stress of uncertainty. Therefore, as you prepare to head into your divorce, you’ll want to keep an eye on what you can do to protect your post-divorce finances. Here are some tips that you might find helpful:
Get a grasp on your post-divorce income: Creating a budget is going to be a key aspect of your post-divorce stability. When you do so, you’ll want to be realistic about the amount of income that you’ll be bringing in. You can consider your current income, but you can also account for any child and/or spousal support that you anticipate collecting. Remember, spousal support or alimony pendente lite (“apl”) can be a financial lifeline during the divorce process If you feel like you’re still going to fall short, then you may need to supplement your income with a second job.
Focus on cutting costs: Your budget might show that your debts exceed your anticipated income. If that’s the case, then one way to get your financial house in order is to find ways to cut expenses. You might be able to do that by getting rid of cable and streaming services, reducing grocery expenses, and minimizing the number of times that you eat at restaurants.
Consider your living arrangements: Housing costs are probably your biggest expense. If your budget is tighter than you’d like, then moving to a more affordable residence might be the most effective way to get your finances under control.
Be strategic in property division: During your divorce’s property division process, it can be easy to focus on your spouse’s pain points and those assets that will provide you with the most immediate financial relief. While you’ll need to make sure that you have stability once your divorce is finalized, you also need to pay attention to your long-term financial stability. This includes retirement accounts. If you’re older, then you might not have the working career left to rebuild retirement accounts, which means it might be better to fight for these assets than something like the family home. This is an important division and having a competent legal team in place is dire when strategizing property division.
Be ready to argue for support: Alimony can be a financial lifeline during your time of need post-divorce, especially while you’re focusing on becoming self-sufficient. But you’re not going to be granted alimony automatically. You’re going to have to argue for it either at the negotiation table or in court. So, make sure you understand how the law on alimony fits into your case and what you can do to gather and present evidence that supports a request.
Take charge of your post-divorce financial positioning
We know you have a lot to contemplate as you navigate your divorce. But your financial stability is going to shape the quality of your life for a long-time to come. With that in mind, you should take the time you need to develop a strong legal strategy that positions you for success as you head into your divorce.]]>On Behalf of Beroes Law Centerhttps://www.beroeslawcenter.com/?p=2459102023-10-25T16:58:43Z2023-10-16T21:41:07ZRegister NowLearn More
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]]>On Behalf of Beroes Law Centerhttps://www.beroeslawcenter.com/?p=2459112023-09-12T20:44:06Z2023-09-12T20:44:06ZIs the business part of the marital property?
The first question to ask is whether the business counts as part of the marital property, or whether it is considered separate property.
The property division process begins with both spouses listing all their assets and debts. They can then determine what is separate property and what is marital property. Only marital property must be divided.
Generally, property that either spouse owned before the marriage is considered separate and anything they acquired during the marriage is considered marital property. So, if the spouses acquired or started the business during the marriage, it will most likely be considered as marital property.
If one spouse owned the business before the marriage, it may, in some cases, be considered separate property. However, the lines between separate and marital property can become blurry, especially in long marriages.
For instance, if one spouse owned a business before the marriage, but the other spouse contributed to the business during the marriage through labor, investment or otherwise, then they may have acquired a property interest. They may not be entitled to 50% of its value, but they could have a right to some percentage of it.
Three options
If the spouses conclude that the business is part of the marital property, then they have three basic options for dividing it:
Sell the business and split the proceeds: In some ways this is the most straightforward option, but one or both spouses may be reluctant to sell.
Continue as co-owners: This option has the advantage of keeping the business in the family, so to speak, but it can add a lot of complexity to running the business. And, of course, many people do not want to stay business partners with an ex.
One spouse buys out the other's share: This is the most common option, but comes with complications of its own.
Valuation and taxes
Before anyone can buy out a co-owner's share, they must agree on a price. To do this fairly, the spouses need a valuation of the business. This means hiring professionals who assess the business and, using various methods, estimate its fair market value.
Once the parties have that value as a guide, they can negotiate a price for one party's share. The spouse who wants to keep the business can then pay the other spouse in a lump sum, or through another system.
Here's one piece of good news: the transfer of a business interest is generally tax-free so long as it is "incident to divorce." To quality, the transfer must occur within a year, or possibly up to six years after the end of the marriage.]]>On Behalf of Beroes Law Centerhttps://www.beroeslawcenter.com/?p=2459122023-09-07T19:30:10Z2023-09-07T19:30:10ZEquitable Distribution) then you might be able to secure some financial stability for yourself.
But you can’t stop there. Another area where you can find significant support is through alimony. Alimony consists of financial support one ex-spouse pays to another after a divorce is finalized. It is often considered a necessary source of financial stability.
How to maximize your chances of receiving alimony
To best position yourself for a successful alimony request, you have to understand the factors that the court will take into consideration when making its determination on the issue. Therefore, as you prepare to head into your divorce, make sure you have a handle on these key issues:
Your marital standard of living: When addressing spousal support, the court will aim for a resolution that allows each party to maintain the marital standard of living post-divorce. That can be difficult to do, but to assist the court in gauging your marital standard of living you’ll want to gather evidence showing key aspects of your marital life, such as the house that you lived in, the cars that you drove, the shopping that you conducted, and the vacations that you took. Be as thorough as possible here.
Each spouse’s financial resources: The purpose of alimony is to give you financial support until you become self-sufficient. The court will look at each spouse’s financial resources before determining whether spousal support is appropriate. So, be ready to present evidence as to your limited resources and your spouse’s ability to cover their own standard of living as well as contribute to yours. Keep in mind that the court will assess each spouse’s earning capacity, too. Seeing your spouse’s financial records is a good first step here.
Contributions made to the marriage: You’ll be in a stronger position to request alimony if you can show that you made significant contributions to the marriage. Giving up a career to help raise your family or to relocate with your spouse for their job can serve as examples of contributions that you’ve made and that should be compensated. Write down every contribution you can think of to present later on.
Parenting responsibilities: Although you might be able to recover child support if you end up with custody of your children, you might also to use your responsibility to your children as another justification for alimony, especially if you are a primary physical custodian or your children require significant daily-medical-care.
Adultery: While fault doesn’t always come into play when dealing with divorce legal issues, it can in a spousal support dispute. You might feel uncomfortable airing the dirty laundry of your marriage, but if doing so is going to get you the financial resources that you need, then it’s well worth the effort. Therefore, carefully think about how you can’t paint the picture of your spouse’s infidelities.
Craft the persuasive alimony-related arguments you need
There’s a lot that goes into a spousal support request. With that in mind, be sure to take the time needed to develop persuasive and well-founded legal arguments. This will require knowing the law and gathering compelling evidence, but you shouldn’t be daunted by the process. Instead, do your best to keep your eye on the prize and the future that you deserve. Hopefully then you can achieve the outcome that positions you for post-divorce success.
]]>On Behalf of Beroes Law Centerhttps://www.beroeslawcenter.com/?p=482142023-08-29T06:38:51Z2023-09-01T06:38:15Zrecent news article pointed to the probate litigation involving the estate of music legend Aretha Franklin, and the fact that the legal battle was only just recently figured out after five years of litigation – ultimately leading to a jury trial.
Obviously, that is not the type of situation that anyone envisions when they draft an estate plan. Your estate plan documents – a will, trusts, power of attorney document, etc. – should be clear and concise, easy to understand and easy to follow. If those documents are not clear, you could be leaving a legal and financial mess for your family and beneficiaries.
Customize your plan
No matter whether you are a celebrity or not, all estate plans will be unique to the financial and family circumstances of the person who needs the plan. Your goals will be different from others, so be sure to customize a plan to fit your needs and to leave a clear path for your designated beneficiaries to follow.
]]>On Behalf of Beroes Law Centerhttps://www.beroeslawcenter.com/?p=482132023-08-14T09:21:09Z2023-08-17T19:53:12Zthe divorce process looks like, as well as what life after divorce will entail.
Choosing to divorce
Moving forward with a divorce is not an easy choice to make. Whether you filed, your spouse filed or it was a mutual decision, the reality is that the divorce process is impactful. While you might feel like you are not alone because nearly half of all marriages end in divorce, it is in fact an individualized experience.
No two marriages are alike; therefore, no two divorces are alike. Each spouse views and experiences the process individually as property is divided, child custody is established and support is ordered. The results of a divorce order could have a lasting effect on one or both spouses.
Life after divorce
Getting a divorce can be mentally, physically and financially draining. However, once complete, it marks the beginning of a new you. While the pain of the process may last some time, it is important that you must go through a readjustment phase.
Children will need to adapt to a two-home family and divorced spouses will need to process their situation and acclimate to their new home life. Even when you have a handle on your post-divorce life, there may be a need to address legal matters. Whether it is a change in child custody or adjusting support payments, it is important to keep this in mind as you move forward.
No matter the reason for divorce or the complexity of the issues, it is important to gain a full understanding of your situation. This can help you make well-reasoned decisions and ensure your rights and interests are protected.]]>