Estate Planning After Divorce, Statutory Protections Against The Ex-Spouse

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After a termination of the marriage of a man and woman, the newly divorced man or woman often fails to consider reviewing and updating his or her estate planning documents a top priority. In the past, this sometimes resulted in unfortunate and unintended consequences. It is long-standing statutory law in the State of Ohio that if after executing a will, the individual executing the will is divorced, obtains a dissolution, has a marriage annulled or obtains a legal separation, any conveyance of property in the will to the former spouse or to a trust available to the former spouse or any nomination of the former spouse as executor, trustee, or guardian is revoked, unless the will expressly provides otherwise. However, until recently, Ohio statutory law did not address the effect of the termination of a marriage on previously executed designations of the ex-spouse as power of attorney, trust beneficiary, death beneficiary or joint property owner. For example, until recently, an ex-spouse named as beneficiary on a life insurance policy would still receive the insurance benefits unless the owner of the policy had changed the beneficiary designation after … Read More... “Estate Planning After Divorce, Statutory Protections Against The Ex-Spouse”

Factors The Court Considers In Determining Whether To Award Spousal Support Pt. 2

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Attorney Anne Shale adds 10 more factors to consider in Part 2 of “Factors The Court Considers In Determining Whether Or Not To Award Spousal Support”.

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The duration of the marriage. The longer the duration of the marriage, the longer the potential spousal support obligation is likely to be. For example, if the marriage of the parties exceeds thirty (30) years in duration, the Court is likely to attempt to “equalize” the earnings or incomes of the parties. And, if the parties have been married just one to two years in duration, the Court is likely not to award any amount of spousal support. While I have represented Husbands who say they have tried to keep the “marriage together” for the sake of the children, this goal often comes back to haunt them when their Wives are awarded a lengthy duration of spousal support. In Montgomery County, Ohio, there is a very “general” and “unwritten” rule that spousal support may be awarded for up to one-third (1/3) of the duration of the marriage. Given a marriage of eighteen (18) years, it would not be unusual for … Read More... “Factors The Court Considers In Determining Whether To Award Spousal Support Pt. 2”

Factors The Court Considers In Determining Whether To Award Spousal Support Pt. 1

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When discussing whether or not a Court will award spousal support, formerly known as alimony, to one of the parties in a divorce proceeding, we must first define what spousal support is. Section 3105.18 of the Ohio Revised Code defines “spousal support” as being “any payment or payments to be made to a spouse or former spouse, or to a third party for the benefit of a spouse or former spouse, that is both for sustenance (maintenance or means of livelihood) and for support of the spouse or former spouse.”

Webster’s New World Dictionary does not define “spousal support” but defines “alimony” as “money a court orders paid to a person by that person’s legally separated or divorced spouse”. While the Ohio Revised Code utilizes the term “spousal support” in Chapter 31 relative to Divorce, Annulment, and Dissolution of Marriage, the Internal Revenue Code governing the payment of federal income taxes continues to use the term “alimony” in lieu of the term “spousal support”.

Further, Ohio Revised Code Section 3105.18(C)(1) reflects the following language: In determining whether spousal support is appropriate and reasonable, and in determining the Read More... “Factors The Court Considers In Determining Whether To Award Spousal Support Pt. 1”

Need Free Legal Help to Avoid Foreclosure?

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If you are behind on your mortgage payments and facing possible foreclosure on your home, there is an excellent program that the Ohio Attorney General’s office has instituted. The new program is called “Save the Dream”. You can call their hotline for help at 888-404-4764. Hundreds of lawyers statewide have volunteered to provide free legal services for Ohioans to help them avoid foreclosure actions. Be smart and avoid all those predatory lending “quick fix” offers that you see advertised on television or receive in the mail. They will only put you in further trouble!


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I Want to Keep the House, But Should I?

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This is one of the questions I am asked all of the time. Of course, the correct answer is “It depends.” The home often accounts for a large percentage of the entire marital estate. Whether to retain the home after a divorce is often a very emotional issue, especially if there are children involved. It is natural that parents want to maintain as much stability for their kids as possible when going through a break up. One would assume that keeping the kids in the marital residence after the divorce is important. But interestingly, the psychological studies show that divorced children are not really affected by the retention of the marital home. The key factor is the stability of their parents, not what house they live in.

It is important to realize that unlike spousal and child support, property division terms cannot by law be changed after the divorce is completed. The first step in the analysis is to prepare an accurate anticipated budget and determine if it is feasible to pay the mortgage, taxes, and utilities. Don’t forget to consider necessary repairs and upkeep to the … Read More... “I Want to Keep the House, But Should I?”

The Rise of the Use of Electronic Evidence in Divorce Cases

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With the rise of the popularity of the internet, instant messaging, text messaging and the use of GPS systems, electronic evidence is being utilized more and more in litigation. Technology is having a huge impact on our lives and also the way many divorces are being litigated. Recently 88% of the members of the American Academy of Matrimonial Lawyers (AAML) indicated that they have seen an increase in the number of cases using electronic data during the past five years. Emails were the most common form of electronic evidence offered in court according to AAML president, James Hennenhaefer. Electronic evidence is being used for many purposes including detecting hidden assets, financial misconduct and infidelity.

Antonia Love, a solicitor (attorney) from England recently warned the public that social networking sites are becoming the next tool lawyers will be using in divorce proceedings. She said, “People who use social networking websites to send flirtatious emails to people, who are not their partners, are often lulled into a false sense of security that they are doing nothing wrong because correspondence is electronic and therefore isn’t real life.” Snooping in another’s … Read More... “The Rise of the Use of Electronic Evidence in Divorce Cases”

Military Resource Guide

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The Army has developed an excellent online resource guide that would benefit new members of all the branches of the armed services, as well as their spouses and their families. It contains a great deal of useful information, including many resources and various checklists. The guide is described as follows:

“This guide introduces new Army spouses and family members to military family life. It contains information on aspects of Army life from military benefits to recreation. It also includes a glossary of Army terms and abbreviations as well as a list of useful Web sites.”

Military OneSource requires that you login on their site in order to access information. You will need to login and search ‘spouse guide’ in order to find the guide titled “A First Guide for Army Spouses and Family Members.” The guide is available to download in PDF format. Click here for the website.


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