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Property Division Archives

3 common topics to address in a postnuptial agreement

There is a good chance you have heard of prenuptial agreements because they often pop up in movies, reality television and elsewhere. You may be less familiar, however, with postnuptial agreements. These agreements function much like prenuptial agreements, but spouses execute them after they marry instead of before they walk down the aisle. 

Prenups for millennials increase

Divorce has been a constant presence in American society for decades now. It became much more socially accepted decades ago for couples to divorce. However, an interesting trend has developed in recent years, in which the divorce rate has begun to decline thanks, in part, to millennials. 

What you need to know about annulments in New York

Are you in a bad marriage and need to get out? Is it time to move forward with your life and strive for that "happily ever after" promised in fairy tales? If you're in a legally binding marriage, your path out is through divorce. If, however, your marriage was legally void or voidable from the outset, your road to freedom may be through annulment.

Division of property in an equitable state

There's no sugar coating it: divorce is often complex and almost always painful. You and your ex are likely harboring ill feelings toward one another, but you've still got to hash out issues of child support, custody and property division. Things can get contentious quickly, and that's why a divorce attorney can be an invaluable asset. Your attorney has been through the process before and will know how to prepare you. He or she will also fight for you to ensure your interests are represented. 

Your DRO is crucial and must be explicit

When you have spent a life with someone, there may be many reasons why only one spouse has been accruing a substantial retirement plan and the other has not. Perhaps one of you stayed home to raise the children or took care of the house or even still, one spouse ran a family business while the other held down a nine to five job.

When collaboration won't work in divorce

There are times when divorces go smoothly. Collaboration can occur and the whole process can begin and end with minimal headaches and no ill-will. However, there are also numerous reasons why mediation and collaboration between the two parties cannot work well and when litigation is necessary to successfully divide property.

Things you may wish you planned for with your ex-partner

Even if you and your partner never planned on getting married, that doesn't mean you would never live a life nearly identical to that of a married couple. Maybe you co-own the home you both lived in. Or perhaps you have children together. Like married couples, if you haven't prepared for the potential dissolution of the relationship, you may find yourself having a difficult time logistically following a breakup. Also, if your partner dies, it would benefit you to have an estate plan in place since you won't be the default beneficiary.

Drafting a prenuptial agreement doesn't mean you plan to divorce

Sometimes, it seems we Americans love to create our celebrity idols in order to tear them down. Gossip magazines and websites thrive on spreading rumors about the personal lives of Hollywood celebrities and politicians. Of course, divorce is always a popular topic of speculation, with the most famous celebrity couples seemingly always on the brink of separation.

Divided retirement plan can keep you solvent after gray divorce

In a modern marriage, it is common for both spouses to work outside the home and contribute to the household income roughly equally. But this is not true in every marriage. Some couples have one spouse work as a homemaker and primary child-raiser, while the other spouse earns the money. In other households, both spouses earn an income, but one may have a higher-paying job and earn the lion’s share of the dough.

I want to keep the house in my divorce. Can I afford it?

For most divorcing couples who own their home, what to do with that house can be one of the most important decisions they make. Often, one spouse will want to keep the house, especially if he or she has custody of the children. But doing so is not as easy as it may seem.

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