Cohabitation Can Lead To Spousal Support Termination

Love After Marriage For All: How Cohabitation With Another, Regardless Of Sexual Orientation, Can Trigger A Termination Of Spousal Support Post Divorce

cohabitation divorce spousal supportI 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”

Bankruptcy Reflections by Several Recent Divorcés

What You Need To Know Before Filing For A Personal Bankruptcy Action

bankruptcySince the beginning of the recent housing crisis, I have had the experience of working with clients who have fallen behind with mortgage payments which resulted in the mortgage lender filing a foreclosure action with the Court.  This course of events often leads to the filing of a personal bankruptcy action to discharge the mortgage indebtedness.  In order to get the information to write this article, I chose to interview my son, who will be known as CS, and a divorce client, who will be known as RP.  CS and RP have some commonalities:  (1) both had experienced a divorce proceeding; (2) both had experienced a decline in the value of their homes causing them to be “upside down”; and, (3) both of them had support obligations (child support or spousal support) resulting in each having less disposable income with which to pay their monthly mortgage payments.   Having a house be “upside down” simply means that the amount of the mortgage balance is far greater than the actual fair market value of the home.  Both men filed a Chapter 7 Bankruptcy proceeding resulting in the complete discharge of … Read More... “Bankruptcy Reflections by Several Recent Divorcés”

Spousal Support: Hidden Time Bomb!

Avoid Future Problems, Consult With An Attorney To Avoid Modification Of Spousal Support By The Courts.

spousal supportSince divorce attorneys, like the rest of the population, do not have a crystal ball, making decisions regarding whether spousal support should be modifiable in the future are difficult.  This is a very crucial area where individuals trying to navigate through a termination of their marriage without an attorney can run into huge problems.

In Ohio, the Court does not automatically retain jurisdiction to modify spousal support in the future.  Instead, the Court’s future jurisdiction to reduce, modify or terminate future spousal support is controlled by the explicit language contained in the Final Decree of Dissolution or Divorce.  The drafting of that language, therefore, is critically important.  Of course, whether you are the payor or the recipient can have a dramatic effect on how you want that provision written.

Options to consider include the following:

  1. The Court retains no continuing jurisdiction to modify spousal support in the future.
  2. The Court retains full jurisdiction to modify both the term and amount of spousal support.
  3. The Court retains limited jurisdiction to modify the amount of spousal support, but not extend the term.
  4. The Court retains limited
… Read More... “Spousal Support: Hidden Time Bomb!”

Palimony Not Recognized in Ohio

Palimony Not Recognized in Ohio – Resuming a Romantic Relationship is Insufficient to Establish a Contract

PALIMONY DEFINED

palimonyPalimony is a form of alimony awarded to one of the unmarried partners in a romantic relationship after the breakup of that relationship following a long period of living together. Unlike alimony which is typically provided for by law, palimony is not guaranteed to unmarried partners.  Generally, a palimony plaintiff must prove an underlying contractual basis for his/her claim, such as an express (written or oral) or implied contract.  My research shows that approximately 23 states have enforced a cohabitation agreement, either express or implied.

Palimony cases are determined in civil court as a contract matter, rather than in family court, as are divorce cases. The “palimony” phrase was coined by celebrity divorce attorney, Marvin Mitchelson, back in 1977 when his client Michelle Triola Marvin filed an unsuccessful suit against the actor Lee Marvin.  The two were not married.

Palimony: Ohio Supreme Court Rules on Ownership of Unmarried Couple’s Home

It is rarely a good idea for unmarried individuals to purchase property together as their joint residence. Should the relationship fail, issues inevitably arise, often leading to disputes.  Who will … Read More... “Palimony Not Recognized in Ohio”

Social Security and Divorce Alert

“The problem with receiving unearned income through adjudication/settlement agreements In A divorce or dissolution when one receives social security income or social security disability income”

social securityIf you are a recipient of Social Security Income or Social Security Disability Income  and you are going through a divorce or dissolution, your first step should be to find an attorney who has a good working knowledge of social security income and social security disability income. Spousal support, child support, and property settlements are often the main issues in any divorce or dissolution. Not only does spousal support, child support and property settlements encompass a great deal of the divorce or dissolution proceeding, but when one receives these things as part of a global settlement or adjudication, and they are also receiving social security income, social security disability income, Medicare, or Medicaid, one can find that what they want and what they get can be often two very different things.

When the Social Security Administration determines the amount a recipient receives, they subtract what is known as “countable income” from the SSI base rate. The Federal SSI base rate for 2012 is $674.00 for an individual. Countable income is anything that is received in … Read More... “Social Security and Divorce Alert”

FINANCIAL AFFIDAVIT – WHEN YOUR SPOUSE LIES

My Spouse “Lied” on His/Her Financial Affidavit

Lies and Misrepresentations on the Financial Affidavit in Ohio Divorce Actions

Financial Affidavit in dayton ohioIn Ohio, when a divorce proceeding is initiated, the Plaintiff files his or her Complaint for Divorce along with his/her Financial Affidavit and other pleadings. The Financial Affidavit, a “sworn” statement made under oath disclosing the incomes, assets, liabilities of the parties and the monthly expenses of the Affiant. The Financial Affidavit, also called the Affidavit of Income and Expenses, is a very important pleading, as it provides the filing party the opportunity to request (1) temporary custody of the child or children, (2) temporary child support, and/or (3) temporary spousal support during the pendency of the proceeding. This Financial Affidavit is also the pleading that is relied upon by the Court in determining the amount of temporary support (child and/or spousal support). Accordingly, if the Plaintiff “lies” or “misrepresents” the incomes or earnings of either party, the resultant Temporary Order of Support may be improper and unduly burdensome to the Obligor (person ordered to pay support).

The first step to avoid a “bad” Temporary Order is to make sure that your Financial Affidavit is through and accurate. On October 9, … Read More... “FINANCIAL AFFIDAVIT – WHEN YOUR SPOUSE LIES”

My Husband Committed Adultery, Humiliated Me, and Embarrassed Me in Our Community…Why Don’t I Get More Than 50% of the Assets? It’s Not Fair!

divide_assets.jpgHow many times have we heard those comments and criticisms from our clients and their family members?  In many of my initial interviews with potential clients and their family members, I get the distinct impression that they believe the errant Husbands should be “tarred and feathered,” put in stocks in the village square so that raw eggs and tomatoes could be thrown at them, or sentenced to hard labor in a coal mine in Siberia!  I try to gently break the news that those things are not going to happen in the State of Ohio.

Our state is a “no fault” state …which essentially means that the Court does not care why the marriage is being terminated.  Therefore, the Court does not assign blame to Husband or to Wife.  Neither party is “punished” by the Court for any transgression that might have occurred during the marriage.  “No Fault Divorce” has been defined as follows: “A marriage/dissolution system whereby a divorce or dissolution is granted without the necessity of proving one of the parties is guilty of marital misconduct.”

Essentially, I can assert that Husband has been guilty of gross neglect of duty and extreme cruelty to include an adulterous affair … Read More... “My Husband Committed Adultery, Humiliated Me, and Embarrassed Me in Our Community…Why Don’t I Get More Than 50% of the Assets? It’s Not Fair!”

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