Dannenbaum Law Firm, PLLC

Arlington Family Law Blog

Avoid future problems when drafting your prenuptial agreement

When a Virginia couple is preparing to walk down the aisle, it is a time of great excitement and a lot of preparation. As a recently engaged person, it can be tempting to only think about planning for the day of the wedding, but you would be wise to think beyond that. Have you given thought to what could happen if your marriage ends in divorce one day?

Thinking about the possibility of divorce before you even marry probably does not seem romantic or necessary. However, there is significant benefit for couples of all income levels in drafting a strong and enforceable prenuptial agreement. These contracts can provide you with a certain amount of protection, but it is beneficial to ensure there are no mistakes that could cause problems in the future.

Domestic Violence: Obtaining Emergency Protective Orders:

What is a protective order?

A protective order is a court order signed by a judge or magistrate that protects a person's health or safety. In the context of family law, the order can be entered when an act of family abuse has occurred. 

Social Security And Divorce

If you are married for 10 years or longer, the lower-earning spouse is entitled to social security benefits on the higher earning spouse's record. These benefits do not impact or lower the higher earning spouse's social security payments. Therefore, it is critical to determine the length of the marriage if you are approaching 10 years. Waiting 10 years before getting divorced will guarantee increased retirement benefits for the lower-earning spouse without reducing the higher earning spouse's benefits.

Hiring Expert Witnesses in Divorce Cases

Early in the case, you and your lawyer should identify the types of experts you may need to testify in your case or to provide assistance in preparing the case for trial. Experts can be used in settlement negotiations and mediation and can even attend such sessions to promote out of court settlements. 

Inability to recover from disputes contributes to many divorces

Married couples in Virginia generally recognize that they need to make ongoing efforts to nurture their relationships. Emotional inertia and exhaustion, however, can undermine people's desire to work on their marriages. Divorces sometimes result, and an inability to recover from arguments tops the list of reasons for marriages to end.

Recovery from a dispute or confrontation requires partners to repair their feelings and focus on fixing relationship problems. Disagreements naturally arise even in good relationships, but family therapists emphasize that emotional repair after fighting must occur for couples to maintain good feelings toward each other. When repair fails to happen, people feel ignored and grow distant from their partners.

Changes in tax law on spousal support and alimony

For divorced entered after December 31, 2018, there has been a profound change in the tax law relating to spousal support and alimony.

For divorces entered before January 1, 2019, spousal support or alimony was tax deductible on the payor's federal tax return. The recipient of spousal support or alimony would have to claim his or her spousal support or alimony as taxable income on his or her federal tax return. This allowed the party who made more money to take a deduction at his or her higher tax bracket and the party receiving alimony to pay taxes at his or her lower tax bracket. Someone who paid $1,000 per month in alimony who had a marginal tax bracket of 25% would be able to deduct the $1,000 per month and save $250 per month in taxes. Conversely, someone who received $1,000 in alimony who had a marginal tax bracket of 25% would have to pay $250 per month in taxes.

You come home and your spouse and kids have moved out. What do you do?

Your worst nightmare is about the happen and you have no clue.

In the morning you leave home for work and kiss your spouse and kids. You come home to an empty house. No spouse. No kids. Maybe no furniture. This stuff really happens. What do you do?

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Call 703-661-9151 or use our contact form to arrange a free consultation with an experienced family law attorney.

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