Recent Blog Posts
Can you keep your ex’s retirement benefits?
Your spouse has long been the main breadwinner for you as a couple. One thing that they have been earning is a pension plan or an employer-sponsored retirement plan. It’s a substantial plan, so you haven’t put aside any money of your own to retire. You are counting on using your spouse’s benefits, and the future seems secure.
However, your spouse has recently told you that they would like to get a divorce. You know that this means you’re going to have to split up the financial assets that you own currently, but you’re also worried about the future. Your spouse isn’t in possession of their pension plan or retirement plan yet, so are you going to lose access to it? Does this mean that you suddenly can’t retire as you planned and you have no personal assets to do so?
Using a qualified domestic relations order
This can get complicated, but there is a solution: A qualified domestic relations order (QDRO). This is a form that can be used during a divorce, and the court issues an order dividing the retirement benefits for the future.
If you get divorced, do you have to pay your ex’s student loans?
For many young couples in America, student loans are a significant part of their debt portfolio. Most students have to take out significant loans to get a degree, and they could owe over $100,000 when they’re done.
When these couples get divorced, then, they are naturally curious about who has to take on this debt. If your spouse is in school and taking out more student loans every year, are you still going to be responsible for them even if you ask for a divorce? Could you theoretically spend years paying for the education of someone you’re no longer married to?
When were the loans obtained?
The big question is often whether or not the loans were obtained during the marriage or prior to it.
For example, perhaps both you and your spouse met in college. You’d already taken out student loans and you got married after graduation. Each of you would usually just keep your own student loans after the divorce, and you would not have to worry about the other person’s obligations.
Divorce considerations when you have a child with disabilities
Divorce is a complex process under any circumstances, but it becomes even more intricate when a child with disabilities is involved. The emotional toll can be immense, and additional legal and financial considerations to the mix makes for an overwhelming combination.
If you’re considering divorce as a parent to a differently abled child, it can help to identify the key issues you should address to help ensure their well-being in order to get started.
Financial planning and child support
The financial needs of a disabled child often extend far beyond the needs of the majority. Therefore, child support calculations must account for these long-term expenses, which may include therapies, medications, specialized equipment and future residential care.
Custody and guardianship
Determining custody arrangements requires careful consideration of the child’s specific needs and each parent’s ability to provide care. Joint custody with a detailed schedule for medical appointments, therapies and other essential routines is often favored. However, some situations may necessitate sole custody for the parent who has been the primary caregiver.
Is your spouse hiding assets?
Divorce proceedings can become complex, especially when one spouse attempts to conceal assets to minimize their financial obligations. Recognizing the signs of asset hiding is crucial to ensure a fair property division.
Here are some indications your spouse may be hiding assets during your divorce.
Unexplained financial discrepancies
Watch for unexplained financial irregularities such as significant decreases in reported income, unusual cash withdrawals or unexplained expenses. Discrepancies between reported income and lifestyle can indicate hidden assets.
Sudden changes in financial behavior
Be wary if your spouse suddenly changes their financial situation. Examples include opening new bank accounts, transferring large sums of money between accounts or making unusual investments. These actions could be attempts to conceal assets.
Secrecy about financial matters
If your spouse becomes unusually secretive about financial matters or refuses to provide information about bank accounts, investments or income sources, it may indicate they are hiding assets.
How can you use technology to improve co-parenting?
One of the key issues divorcing parents must resolve is how they will share time and parenting responsibilities for their children once the marriage is over. Technology can get in the way of good parenting – proving a distraction that fills time and reduces the amount of conversations parents and children have- but it can also have benefits.
Parents can use certain technological tools with the other parent and others with their children. Here are some ways examples of how it can help:
To stay in contact with a child you are not with
Once you divorce, you will see less of your child because they will spend some of their time with your co-parent. The separation can be hard for both parties, but modern technology such as Facetime, Zoom and instant messaging, or even a good old-fashioned phone call can help you stay in touch.
You do need to be careful here, though. You don’t want to intrude on your child’s enjoyment of their time with your co-parent.
The challenges of co-parenting
Going from raising your children under one roof to two homes can be challenging, particularly in the beginning. You and the other parent may have disagreements about your new parenting route.
Below are three common challenges you may face:
Communication issues
Before going through a divorce, you and your ex-spouse may have had few fights regarding communication about child-related matters. But this may change when you are co-parenting. Since you no longer see each other at home, you may find yourselves making decisions without each other’s input or may forget to update each other on serious matters. Accordingly, conflicts may arise.
Having a communication schedule can help solve this issue. For example, you and your co-parent may set aside a particular evening to meet or communicate via phone, text or email. It may also help to set reminders if you need to update them on anything.
Technology can also help you attain effective communication, as some shared platforms will allow you to set reminders for appointments and send texts.
A New Beginning for You and Your Family
Take the first step toward securing your peace of mind. We will give you the care your family deserves.
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Located in Reston, VA, Nicole M. Burns, Attorney at Law represents individuals and families throughout the area, including Annandale, Arlington, Ashburn, Bristow, Broadlands, Burke, Centreville, Chantilly, Dale City, Dumfries, Dulles, Fairfax, Falls Church, Gainesville, Great Falls, Haymarket, Herndon, Lake Ridge, Leesburg, Manassas, McLean, Montclair, Nokesville, Oakton, Potomac Falls, Sterling, Tysons Corner, Vienna, Woodbridge, Fairfax County, Loudoun County, Prince William County, and Arlington County.
