Tips For The Vulnerable Spouse

TIPS FOR THE VULNERABLE SPOUSE WHEN NEGOTIATING DIVORCE AGREEMENTS

In the twenty seven years that I have been negotiating divorce agreements for clients, often times there is a spouse who is being overly generous with support issues and property distribution or there is a spouse who is taking on the “victim” role and who “doesn’t want to take him or her for everything.” For example, there is Husband who in a long term marriage feels incredibly responsible and guilty for leaving his wife and in an effort to ease guilt is willing to “give away the farm.” Then there is the Wife who even through the divorce process continues in her role to “protect her man” and wants to make sure that the Husband is going to be left with enough financial resources to “live.”

I am very sensitive to my client’s goals but as a client advocate it is my job to ensure my client’s financial future. There is a fine line between advocating my client’s position, respecting it and looking out for my client’s best interest. Often times I will tell a client to take a few days to really ponder his or her decision and not to rush into an agreement that is not financially sound. Often times, it all boils down to timing and some event will trigger an emotion which surprisingly will change my client’s mind. For example, a Wife may become angry when she finds out that the Husband is spending money on a girlfriend’s child while making an issue about paying one half of extra curricular activities for his own children. A Husband may decide not to be generous with his alimony offers when he realizes that he will not always want to live in a one room apartment and he may actually like to have a nice place to take his children.

Although I am not a counselor, I do counsel my clients and make them think about the future and how their decisions to day could negatively impact, not only their lives, but the lives of their loved ones in the future. I am able to counsel clients and give them examples based on real live cases I have handled over the years. Experience in this area of the law is very important so call Marina Taylor, a Brandon/Riverview divorce and family law lawyer for a free consultation.

Military Divorce – Share of Military Retired Pay

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PROTECTING THE NON MEMBER’S SHARE OF MILITARY RETIRED PAY AFTER MILITARY DIVORCE

If you are the spouse of a military member and entitled to a percentage of his/her military divorce pay, you will want to make sure that your military divorce  settlement agreement is drafted in a manner which will protect your entitlement from a future election of a VA waiver taken on behalf of your soon to be ex spouse.

So what is a VA waiver? Retired service members, as they become older, can develop disabilities which if proven to be “service-connected”, can qualify for disability pay. These disabilities can range from hearing loss to arthritis to a nervous condition and as long as they can be associated to years of service in the armed forces, the member can receive disability pay. Disability pay is non taxable unlike retirement pay. Retired members therefore have to “waive” their retirement benefits dollar for dollar in order to receive the same amount of money in form of disability.

When this happens, the former spouse gets short changed and his/her retirement benefits are reduced. For example if the member now receives $400.00 in disability pay, then the former spouse’s retirement benefits are reduced by $200.00 and in extreme cases his or her retirement benefit may completely disappear. It is very costly to hire attorneys and go back to court to redeem this money and in some instances impossible.

So what can be done to prevent this from happening? Careful drafting of the military divorce settlement agreement to include an indemnification clause or an automatic establishment of alimony to make the former spouse “whole” is crucial and can save the former spouse from losing his/her home to foreclosure and other life altering events. Call Brandon/Riverview divorce attorney, Marina Taylor, and learn how you can protect your share of military retirement in a military divorce.

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Alimony, Lawyer in Brandon

A spouse has a right to receive support from the other so long as the receiving spouse has the need and the other spouse has the financial ability to contribute. There are several factors that the court will take into consideration in determining a party’s entitlement to alimony. A spouse has a right to receive support from the other so long as the receiving spouse has the need and the other spouse has the financial ability to contribute. There are several factors that the court will take into consideration in determining a party’s entitlement to alimony.

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Alimony Divorce Lawyer near Brandon

A spouse has a right to receive support from the other so long as the receiving spouse has the need and the other spouse has the financial ability to contribute. There are several factors that the court will take into consideration in determining a party’s entitlement to alimony. A spouse has a right to receive support from the other so long as the receiving spouse has the need and the other spouse has the financial ability to contribute. There are several factors that the court will take into consideration in determining a party’s entitlement to alimony.

alimony

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