Love After Marriage For All: How Cohabitation With Another, Regardless Of Sexual Orientation, Can Trigger A Termination Of Spousal Support Post Divorce
I couple weeks ago, I attended a very exciting and thrilling divorce seminar (said no one ever) where a portion of it was dedicated to giving an update on divorce court forms to reflect gender neutral identifiers for the divorce parties. For example, instead of using husband and wife, the court forms will now use spouse 1 and spouse 2 or other similar gender neutral identifiers. I still say the classic Plaintiff and Defendant identifiers are easier, but it is not my courthouse.
I imagine a majority of courts around the country, except perhaps for the Deep South, are adjusting appropriately to be in compliance with the U.S. Supreme Court’s historical decision finding state laws that prevented same-sex marriages are unconstitutional. Which also meant that divorce statutes and divorce case law had to catch up with same-sex marriage. One such aspect of divorce law that needed to catchup with the times was addressed by the Supreme Court of Virginia.
In Luttrell v. Cucco, Luttrell moved the trial court to terminate his spousal support obligation based on his … Read More... “Cohabitation Can Lead To Spousal Support Termination”
The Supreme Court of New Hampshire recently held that courts may consider premarital cohabitation when considering the division of a same-sex couple’s assets. In the Matter of Deborah Munson and Coral Beal, the New Hampshire court was faced with a divorce and division of assets of a same-sex couple who lived together for 15 years before a civil union was held, followed by a marriage three years later. During the 15 years before the marriage, the couple essentially acted and functioned as a married couple, both socially and financially. However, the trial court awarded Beal limited alimony and a small percent of the marital estate based upon the short duration of the marriage. Upon appeal, her attorneys argued that the district court should have considered the 15 years the couple cohabitated prior to the marriage.
The reasons couples divorce are as varied and different as the individuals involved. However, upon closer examination, it seems that there is often a common thread as to why the breakdown occurred.
Your divorce is finalized! It is over and done, and you have moved on with your life. The assets, monetary accounts, retirement accounts, and the like all have been divided per the divorce decree. With that divorce decree in hand, you ex-spouse is no longer entitled to any future benefit you may receive, and that goes the same for you. However, there is one benefit you want to keep in mind when you are approaching retirement age. That benefit is the ability to collect Social Security Retirement on your ex-spouses record even if he or she has remarried! Like all government benefits there are some requirements you must meet in order to collect under your ex-spouse’s work record.
Generally speaking, the IRS does not allow a write-off for court costs and legal fees stemming from a divorce. It does, however, offer deductions for any portions of those fees related to tax advice and alimony.