Many happily married seniors are facing a previously unthinkable proposition: terminate their marriage or risk losing a majority of their savings to medical expenses, leaving both of them with little savings to enjoy their twilight years, regardless of how well they planned in advance. How can this happen? With medical technology ever improving, allowing us to live longer, most individuals will spend at least a few years in a nursing or retirement facility during our lifetimes. With the baby boomer generation approaching retirement age, more and more of us will fall into this category. How will these long-term care expenses be paid? The choices are private savings, long-term health care insurance, Medicaid or a combination. This is where the dilemma occurs.
For example, consider a devoted husband and wife living financially comfortable in retirement. Husband has a series of strokes and reaches the point physically where wife can no longer care for him. He must move indefinitely into a retirement facility where staff is available to care for him on a full-time basis. How will his care be paid? The couple can pay for his care but … Read More... “Divorce As A Medicaid Planning Tool?”
In the days of my parents who were born in the 1920’s, persons typically lived in the small towns or cities in which they were born and remained there carrying on the family farms or businesses or following the trades or professions of their parents. In today’s society, people are much more mobile. Persons move to find employment, attend college, or due to military assignments. Many individuals who have had their marriage terminated in another State may find themselves now living in the Miami Valley area. Some of those persons are parents of minor children. So, if Post-Decree problems occur, to which Court do they go for help or assistance?
“How often do parents cheat on each other?” asked 16-year-old Jason during one of our recent sessions.
For many kids, Halloween is one of the most important holidays of the year. The child of divorce is faced with choices and concerns. Who will take me treat-or-treating? Who will get my costume and dress me? Where will I trick-or-treat?
Question Presented: Is it likely that one spouse would be granted an award of spousal support in a divorce for having been infected with a sexually transmitted disease (STD) by the other spouse?
The Affidavit of Financial Disclosure (or a Financial Affidavit) is a very important document in domestic relations, especially in divorce matters. If you are pursuing an agreed upon dissolution of marriage (instead of a divorce), the Financial Affidavits are required, but they are not nearly as important as in divorce actions. In dissolutions, the Financial Affidavit establishes the required disclosure of all assets and liabilities which is the foundation for any dissolution. Also, in a dissolution, since the parties have everything settled between them, any issues regarding what Husband earns or what Wife earns are largely irrelevant because the parties have already determined which party will be paying child support and/or spousal support (alimony) and the amount thereof. The Court is not likely to interfere with those agreements.
Consistently, one of my favorite blogs is Michael Mastracci’s Divorce Without Dishonor Blog. Mike is an excellent attorney from Baltimore, Maryland. His own difficult and acrimonious divorce and child custody battle led to his personal interest in collaborative family law. Both attorneys and clients should include his blog on their frequent read list. Mike regularly espouses ethical, moral and philosophical standards that we should aspire to meet. I have personally and professionally been a proponent of child welfare issues for over 30 years. So, when I read his recent post about