Uncontested Divorces

Uncontested Divorces

In an uncontested divorce, you and your spouse achieve an agreement about the greater part of the issues in your divorce. Once you’ve achieved these agreements, you don’t need to go into court and contend. Rather, you document court shapes and a “conjugal settlement agreement” that details the agreements you’ve made about how you need to isolate your property and obligations, what your custody courses of action for your children will be, and whether support payments will change hands. Your settlement, and your final divorce, will have to be approved by a judge, which shouldn’t be any problem. The judge will usually approve a settlement agreement unless it’s clear that the terms are completely unfair to one person or were arranged when one person was under duress.

Cost of an Uncontested Divorce

An uncontested divorce is the least costly divorce that you can possible get. However, even it will make some real progress on your wallet. You’ll have to figure out how to prepare and file the court papers, you’ll have to pay filing fees, and you may want to get some help from a divorce lawyer . You might also buy books or other materials to help you. (Your court’s website may provide free help, too—it’s worth looking, as many court websites have useful information.)

Get Help with your Divorce

You’ll likely have the capacity to deal with your uncontested divorce with almost no assistance from a legal advisor, however you might need to request that a legal counselor investigate your paperwork and, maybe, to audit your settlement agreement. Many couples use a counselor or a mediator to help them come to agreement on property and custody issues. And if you or your spouse has retirement benefits through work, you might need to hire an actuary to value them or a lawyer to prepare the special court order you’ll need to divide them.

Assuming you use professionals for these tasks, you should be able to get everything done for between $2,500 and $5,000, depending on where you live and how much lawyers charge as well as the court filing fees and service fees.

Stay Away from Legal Document Preparers

A legal document preparer can really mess up your divorce paperwork. Be very careful.  In numerous states, document preparers, paralegals, or notary or typists (different names for a similar activity) can enable you to plan court frames for a divorce. They cannot give you legal advice, but they can direct you to helpful resources and then make sure the forms are properly filled out so that your court process goes smoothly. Because they can’t give you legal advise, and some of them have no idea what they are doing – other than selling you some paperwork – you really should speak with a divorce lawyer.

How Long Will an Uncontested Divorce Take?

In the event that you and your spouse both remain over every one of the undertakings you have to deal with, you ought to have the capacity to conclude your divorce when the holding up period (each state has one) is finished. So depending on your state’s requirements, you could be finishing your divorce within a few months, or you may have everything done and just be waiting around for the date when you can file the final papers.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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from Michael Anderson https://www.ascentlawfirm.com/uncontested-divorces/

from Best Utah Attorneys https://bestutahattorneys.wordpress.com/2018/07/15/uncontested-divorces/

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Understanding Alimony

All spouses have an obligation to deal with each other in some form or fashion, and that obligation carries on even after divorce when one spouse needs financial help from the other, as support installments.  In Utah, sometimes you can escape alimony – but if you’ve been married for over 7 years, and one of the parties has been a “stay at home” mom or dad – there is a chance you may have to pay alimony.

Types of Alimony

In Utah, alimony is referred to in three different ways: as alimony, spousal support, and maintenance. Temporary maintenance is an order that one spouse must financially support the other while the divorce is being finalized. Once the divorce is finalized, the temporary maintenance stops and the judge decides whether permanent alimony is appropriate. A spouse could receive temporary maintenance but no permanent order once the divorce is finalized, or could receive no temporary maintenance during the divorce but later receive a permanent order. Judges decide whether or not to order spousal support based on individual circumstances of each case.

How Alimony Works

To decide whether spousal support is appropriate, the judge will look at the needs of the spouse asking for support and whether the other spouse has the financial ability to provide financial help. For example, if your income is lower than your spouse’s but you are able to support yourself, you may not be entitled to alimony. The court will also look at other factors when making a decision about support:

  • the length of the marriage
  • each spouse’s age and health status
  • each spouse’s present and future earning capacity
  • the need of one spouse to incur education or training expenses
  • whether the spouse seeking maintenance is able to become self-supporting
  • whether caring for children inhibited one spouse’s earning capacity
  • equitable distribution of marital property, and
  • the contributions that one spouse has made as a homemaker in order to help enhance the other spouse’s earning capacity.

The court will also look to see whether the acts of one spouse have inhibited or continue to inhibit the other spouse’s earning capacity or ability to obtain employment. The most common example of this would be domestic violence. If one spouse’s abuse of the other affected that abused spouse’s ability to maintain or to get a job, the court might consider those actions in making its order.

Understanding Alimony

Length of Alimony

Impermanent upkeep orders end when a last judgment for divorce is entered. Regardless of whether you’ve been accepting provision while your divorce was in process, you will just keep getting installments if the judge makes a changeless request for it. Permanent alimony ends either on a date specified in the order, at the death of either spouse, or when the spouse receiving alimony remarries

Either of the spouses can ask the judge to modify the permanent order if there is a substantial change in circumstances. For example, if the spouse receiving support gets a better paying job, the court may reduce the payment amount or even terminate the payments.

The state of Utah provides an online guideline calculator for temporary spousal support. The calculator only looks at each spouse’s income and does not take into consideration any of the factors listed above, so you’ll get an estimate but not necessarily the exact amount the judge would order.

Alimony is tax deductible to the paying spouse and must be reported as income by the receiving spouse.

Free Consultation with an Alimony Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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from Michael Anderson https://www.ascentlawfirm.com/understanding-alimony/

from Best Utah Attorneys https://bestutahattorneys.wordpress.com/2018/07/15/understanding-alimony/

Power of Attorney and Living Will

There are two types of documents that can make end-of-life decisions easier for you and your loved ones: the power of attorney and the living will. When you create these documents, you will have the peace of mind that your end-of-life care will be carried out as closely as possible to what you wish. You can also be confident that your loved ones won’t be stuck making tough decisions that could divide them just when they need each other most.

Power of Attorney and Living Will

Living Will in Utah

A living will doesn’t actually do anything that most people commonly associate with wills, like distribute property. Instead, a living will lets those around you know what kind of care you do, or do not, want to have in the event that you are unable to communicate your wishes because of a debilitating injury or illness.

Your living will can be very specific or very general. You can spell out exactly what kind of procedures you want or don’t want, or you can make a general pronouncement and leave it up to those around you to determine how to proceed.

If you elect to go with the general approach, it is particularly important to craft a power of attorney. Even if you attempt in your living will to spell out what you want in every conceivable circumstance, however, you should still have a power of attorney in place. No one can predict every eventuality, so it is important to have someone you trust in place to make the hard choices you didn’t foresee.

Power of Attorney for Healthcare

With what is known as a durable power of attorney for health care, you can designate an agent that will make decisions that weren’t covered by your living will. It is important to note that your health care agent can’t overrule any of the provisions of your living will. Your agent can only supplement your wishes if something comes up that you didn’t anticipate in your living will.

If you have already designated a power of attorney for financial decisions, keep in mind that conflict can arise between your financial and health agents. It’s best to choose individuals that you know can work together and who have your best interests at heart.

Drafting a Advanced Healthcare Directive

In order to create either a living will or a power of attorney for healthcare, most states only require that you are an adult (typically 18) and are competent when you create the document.

When a Living Will or Power of Attorney for Healthcare Begins

Both of these documents take effect when your doctor declares that you lack the “capacity” to make your own health care decisions. The standard is different in every state, but typically you no longer have the capacity to make health care decisions if:

  • You do not understand the nature and consequences of the health care decisions you are required to make
  • You cannot communicate your decisions orally, in writing or through gestures

Another option allowed in some states is to name a healthcare agent, who can act for you at any time if you grant them the power. This is a popular option with spouses and allows for immediate decisions to be made without having to have a doctor declare you incapacitated. Your healthcare agent can’t override the healthcare treatment wishes you set forth in your living will, and must always abide by your best interests.

When a Living Will or Healthcare Directive Stops Working

Your living will and the power of attorney for healthcare are generally extinguished upon your death. This also means that your healthcare agent, if you designate one, can only make healthcare decisions for you while you are alive and incapacitated. Some states allow your healthcare directives or agents to remain effective after your death only for limited purposes, such as the disposal of your remains.

Otherwise, your living will generally only ends if it is terminated by you or a court. The power of attorney for healthcare can similarly be revoked, but may also be affected by a divorce. Some states automatically revoke a divorced spouse as a healthcare agent, and any alternate you name would become your new healthcare agent. To avoid confusion, designate a new healthcare agent upon a divorce and always name alternate agents when drafting the original document.

Free Consultation with a Utah Power of Attorney Lawyer

If you are here, you may need help with a power of attorney for healthcare decisions or an advanced healthcare directive in Utah. If this is your situation, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Alimony or Spousal Support

Spousal support (also called alimony) falls into two broad categories: short-term support and long-term or permanent support. “Reimbursement” support is a kind of long-term support. A spouse may also get temporary support before the divorce is final. We’ve written about alimony before here and here and here among other places — and we’ve even provided you with an alimony calculator so you can “do the math” so to speak on your case.

Alimony or Spousal Support

How long one ex-spouse must help support the other is as much in the judge’s discretion as is the amount of support. Some judges start with the assumption that support should last half as long as the marriage did, and then work up or down from there by looking at certain factors. Most states don’t have guidelines for the duration of support, but some do—for example, in Texas and Indiana, payments are limited to three years except in special circumstances. In Utah, support can’t last any longer than the marriage did. And in some states the marriage must have lasted at least ten years for a court to order support at all. How long support lasts depends on the nature of the support.

It’s possible that a former spouse might receive more than one kind of support at the same time. If a spouse is getting more than one kind of support, say rehabilitative and short-term, then when the spouse is employed again, the rehabilitative support would end. The short-term support would continue until its termination date.

Temporary Alimony While the Divorce Is Pending

You and your spouse don’t need to wait until everything in your divorce is settled to work out spousal support arrangements. In fact, the support issue may be most important immediately after you separate, to support the lower-earning spouse while your divorce is in process.

It’s always a good idea to make a written agreement about temporary support. (For one thing, payments are tax deductible only if there’s a signed agreement.) If you can’t agree on a temporary support amount, then you’ll probably spend some time in court arguing over it. If you have a right to support, it starts as soon as you separate, so get yourself to court right away.

Short-Term Spousal Support

Judges order short-term support when the marriage itself was quite short. Short-term support lasts only a few years, and its precise ending date is set in the court order.

Rehabilitative support, sometimes also called “bridge the gap” support, is a specific kind of short-term support, designed to help a dependent spouse get retrained and back into the workforce. It lasts until the recipient is back to work. Generally, that date isn’t set in advance—the agreement is that the support payments will stop when the recipient completes a retraining program and becomes employed in the industry. The recipient is responsible for diligently pursuing the training or course of study and then searching for work. The other spouse is responsible for paying the support until that point—and a payer who suspects the recipient isn’t really trying to complete an education or get work can ask the court to reduce the support amount or set a termination date. The person asking for the modification would have to prove that the other ex-spouse was not working hard enough.

Permanent Alimony or Spousal Support

Permanent support may be granted after long marriages (generally, more than ten years), if the judge concludes that the dependent spouse most likely won’t go back into the workforce and will need support indefinitely. Some states don’t allow permanent support.

It’s odd, but in fact even so-called permanent support does eventually end. Of course, it ends when either the recipient or the payor dies. It also may end when the recipient remarries. And in about half the states, it ends if the recipient begins living with another person in a marriage-like relationship where the couple provides mutual support and shares financial responsibilities.

Reimbursement Spousal Support

Reimbursement support is the only type of spousal support that’s not completely based on financial need. Instead, it’s a way to compensate a spouse who sacrificed education, training, or career advancement during the marriage by taking any old job that would support the family while the other spouse trained for a lucrative professional career. Generally both spouses expected that once the professional spouse was established and earning the anticipated higher salary, the sacrificing spouse would benefit from the higher standard of living and be free to pursue a desirable career. If the marriage ends before that spouse gets any of the expected benefits, reimbursement support rebalances the scales by making the professional spouse return some of what was given during the marriage.

Because it’s not tied to need, reimbursement support ends whenever the agreement or court order says it does. Its termination generally isn’t tied to an event like the supported spouse getting work or remarrying.

Free Consultation with an Alimony Lawyer in Utah

If you have a question about divorce, alimony, or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Avoiding the Probate Process

The probate process can be long and costly, taking months and sometimes years to resolve. The longer it takes, the more it will cost, leaving potential heirs with less than the deceased may have intended. This is really why many people engage in estate planning. But for these and other reasons, most people will try to avoid probate in any way possible.

Transferring assets outside of the probate process can not only save the estate a lot of time and expense, but can also help loved ones avoid years of legal hassle. There are four general ways to pass on your property and avoid the probate system:

  • Joint Property Ownership
  • Death Beneficiaries
  • Revocable Living Trusts
  • Gifts

Avoiding the Probate Process

Joint Property Ownership to Avoid Probate

Jointly owned property with the “right of survivorship” avoids the probate process for one very simple reason: upon death, the deceased joint owner no longer owns the property and it passes to the living joint owner. There are several ways to do this, and the chosen method will depend on what a particular state recognizes.

To create any of these forms of joint ownership with a right of survivorship, states typically require a written document that sets out the joint ownership relationship, the property that is jointly held, and the right of survivorship. Here are the most common forms of joint property with a right of survivorship:

  • Joint Tenancy with a Right of Survivorship: as the name suggests, you take property as “joint tenants” and upon the death of a joint tenant, the surviving tenant takes the deceased tenant’s portion.
  • Tenancy by the Entirety: this is a form of ownership only available to married couples (and some same-sex couples in a few states). It works in much the same way as a joint tenancy with a right of survivorship, in that effectively upon the death of one spouse, the living spouse takes the deceased spouse’s portion.
  • Community Property: in community property states, married couples can hold property as community property with the right of survivorship. It has the same effect upon the death of one spouse as a tenancy by the entirety, where the surviving spouse takes full ownership of the property.

Have Death Beneficiaries

Many types of financial assets and instruments allow you to designate a beneficiary upon your death. Upon your death, these assets become the property of whomever you designate as the beneficiary, are no longer a part of your estate, and thus avoid probate entirely. Here are some of the most common financial assets that allow you to do this:

  • Payable on Death (POD) Accounts: as the name suggests, POD accounts are simply accounts with an instruction that upon your death, the account shall be inherited by a beneficiary that you name. They are extremely simple to setup, with most banks simply requiring that you fill out a form naming the beneficiary. The beneficiary simply shows up to the bank with the proper identification and collects the account upon your death.
  • Retirement Accounts: an increasingly popular option to avoid probate is the use of retirement accounts, specifically IRA and 401(k) accounts. When you establish these accounts, you will be asked to name a beneficiary of the account upon your death. As a single person, you are free to name whomever you want, but be aware that as a married person, your spouse may inherently have a right to some or all of the money in a retirement account.
  • Transfer on Death Registrations: many states allow you to transfer securities (stocks, bonds, brokerage accounts) as well as vehicles without going through probate. Much like POD accounts, you will sign a registration statement that declares who you want your securities or vehicles to pass to upon your death.

Revocable Living Trusts Avoid Probate

A revocable living trust occurs when you transfer property to someone else (the trustee) to hold it for your benefit, but you reserve the right to revoke the trust. This means that the trustee actually owns the property, but must use it for your benefit under the terms and conditions of the trust.

By giving ownership of the property to the trustee, the property is no longer a part of your estate and can avoid the probate process entirely. You can instruct the trustee that, upon your death, he or she should transfer the property to your family and friends. This effectively transfers property without going through probate.

Trusts are set up in formal documents, much like a will, so make sure that you are complying with your state’s requirements for a trust when setting one up.

Gifting to Avoid Probate

Finally, one of the most obvious but often overlooked ways to avoid probate is to simply give your property away before your death. This requires a certain amount of planning and forethought, and even the best plans may be thwarted by unseen circumstances. As a result, you should generally only consider using gifts to avoid probate on smaller, less valuable assets. Also be aware that gift taxes apply if the gift is in excess of a certain amount, so this is typically a good option only if the asset is below the gift tax threshold.

Free Consultation with an Estate Planning Lawyer

If you are here, you probably have an estate planning or probate matter you need help with, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Family Law and Abortion

Abortion is one of the most divisive and controversial legal subjects in the United States, where federal law has protected a woman’s right to choose an abortion since the U.S. Supreme Court’s Roe v. Wade decision in 1973. Some states have limited access to abortion through legislation and other means, as pressure from both sides of the debate have made abortion a highly volatile area of law. This section includes summaries of abortion law throughout U.S. history, specific abortion-related laws in various states, a detailed account of Roe v. Wade, an explanation of parental consent laws, and related resources.

Family Law and Abortion

Roe v. Wade

Abortion in the United States can’t be discussed long before mention is made of the landmark 1973 Supreme Court decision Roe v. Wade. This case was the first in U.S. history that established a constitutional right to an abortion. An unmarried pregnant Texas woman sought an abortion, but was denied under Texas law. The law was challenged in federal court, which determined that the constitutional right to privacy prevented states from banning abortion, though the court held that states have an interest in ensuring the safety and well-being of pregnant women and potential human life. The court further held that a fetus is not a person protected by the Constitution.

The Supreme Court, looking to balance the rights of the individual against the state interest in protecting human life, divided pregnancy into three 12-week trimesters. The Court provided for different treatment depending on the stage of pregnancy:

  • During the first trimester a state cannot regulate abortion beyond requiring that the procedure be performed by a licensed doctor in medically safe conditions.
  • During the second trimester a state may regulate abortion if the regulations are reasonably related to the health of the pregnant woman.
  • During the third trimester a state’s interest in protecting the potential human right outweighs the woman’s right to privacy and may prohibit abortions unless necessary to save the life or health of the mother.

Abortion and Family Law

Although Roe v. Wade remains the landmark case on abortion it has subsequently come under scrutiny and lawmakers and abortion opponents have pushed for stricter abortion laws over the past several decades. Although Roe continues to stand there are increasingly conditions placed upon women seeking to access abortion that have chipped away at the rights indicated by Roe.

Common restrictions upon abortion rights include requirements that place social pressure on pregnant women. Counseling requirements, waiting periods, required viewing of ultrasounds, and parental involvement in abortions sought by minors place pressure on pregnant women not to complete an abortion. Bans on “partial-birth” abortions, prohibitions on public funding, exemption from private insurance coverage, doctor or hospital requirements, and gestational limits erect procedural obstacles to accessing abortion.

Both advocates and opponents of abortion continue to fundraise, lobby, and litigate the issue. As such, further legislation and litigation are likely to arise in coming years. Since laws among states currently vary significantly, and because changes in the law are likely, it is important to check your state’s current abortion laws for specific and timely information.

Free Initial Consultation with Family Law Attorney

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Successful Lawyers in Utah

Successful Lawyers in Utah

Salt Lake City seems to be one of few shining beacons that exist as an example of a success city following the aptly titled “great recession” of 2008. Many may remember that the real estate market suffered greatly during and shortly after the recession. The average Utah lawyer is being retained by small and large businesses alike to develop the legal foundation for their hopeful real estate plans. This focus on new development follows a focus on the environment, according to many law firms in Salt Lake City Utah. A welcome move since Salt Lake City has high levels of pollution compared to other areas. In 2010, it was declared nationally that Northern Utah’s air was, by a very large gap, worse than any other air anywhere in the U.S. Isn’t that crazy? I think it is. Following this painful discovery, those who live in Utah have since decided that in order to have a healthier environment precautions must be taken for the future.

Attorneys Helping You

Once it was activists and youth who declared their desire that new building and real estate endeavors adhere to certain standards, to benefit and preserve nature. Now, businessmen and real estate developers are, themselves, finding ways to be environmentally conscious for the benefit of consumers, wildlife and the environment, because they believe in it and not because they are legally bound. This is a dramatic shift in the attitude towards real estate development, which many health conscious citizens and Utah lawyers are supporting. Many agree that this stems from many factors, including the scientific evidence that has amassed and supported the effects of environmental health on personal health. A larger reason for this shift may be even simpler; the same college-bound, megaphone-yielding, environmental activists of the past ten years are finding themselves as powerful post grads in big businesses. Health conscious shifts are being created by the health conscious minds of many current CEOs and the changes are making an impact; a trend that’s even being seen in law firms in Salt Lake City Utah, as well. Studies now show that simple steps towards economic and environmental harmony create a much larger impact than previously thought and a Utah lawyer must be constantly aware of the environmental laws that now, and will soon, surround real estate development. A real estate lawyer Utah can depend on will have his or her skills put to the test as these legal alterations emerge in the next few years.

When It’s Time for Legal Help

Apart from these environmental benefits of health conscious real estate development, tourism will take a jump, declares many attorneys in law firms in Salt Lake City Utah. More patrons and visitors will flock into the fair city that houses breathtaking landscape, especially if the air won’t take your breath away, says any Utah lawyer. That’s also something that Salt Lake City officials are happily taking under consideration and preparing for as efficiently as possible. For the month of July regulated free passes are being given for individuals who utilize the public transportation through the Salt Lake City area. With public transportation now reaching further than ever before, community will take on a much broader interpretation. A real estate lawyer in Utah can depend on for accurate counsel would say this trend will only continue.

Free Initial Consultation with a Lawyer in Utah

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Getting Divorced Later in Life

Arnold Schwarzenegger and Maria Shriver announced their separation in May after 25 years together. Tipper and Al Gore separated after being married for four decades. Getting divorced after many years together is becoming more normal as time goes on says long time divorce lawyer Mike Anderson.

These long-wedded political couples are far from alone. A U.S. Census report issued earlier this year found that, over time, fewer first-time-married couples are making it to their 25th, 30th and 35th wedding anniversaries—even as life expectancies have increased.

The data don’t indicate how old the couples were when they broke up, says Bradford Wilcox, director of the National Marriage Project at the University of Virginia. But some divorce attorneys and financial planners say they are seeing a growing number of long-married couples call it quits.

As years go by and they get close to retirement age, where they have to be near one another more, one of them realizes they don’t want to live the rest of their life in this manner. We recently drew up divorce papers for a couple who were married 42 years.

Getting Divorced Later in Life

Divorce When You’ve Been Married Awhile

A long-married couple that has done well financially must figure out how to divide investments, pensions and other retirement savings, vacation homes and businesses started by one spouse during the marriage. They must contend with a crazy quilt of regulations—some federal, some state and some set out by retirement plans themselves.

Pulling apart all the fine threads of this tapestry we’ve created is very tedious says a 60-year-old teacher in Utah who was married for 35+ years before she and her husband separated last year.

But dividing a nest egg in a way that allows both spouses to retire without worry is crucial when there is little work time left to make up any shortfall.

Several of our clients are in their 50s and are getting divorced after three decades or more together, — so here’s the truth – a woman who’s 58 years old who’s been out of the work force for 30 years is going to be very different from what we tell a woman in her 30s.

For older women negotiating a financial settlement, “that money has to last the rest of their lives,” he says. “Even if they are employed, there’s usually a huge disparity in what they’re making.” The timing is different and needs are different.

Dividing Assets After 20+ years of Marriage

Splitting up assets like brokerage and bank accounts and insurance policies is relatively straightforward. But some of the largest family assets can be much trickier. Among them:

  • The house. Large family homes have become an albatross for many couples going through divorce after long marriages, Ms. Maier says.

It used to be easy, when the children were grown, for a couple to sell the house. But in the current market, a house could remain for sale for more than a year, causing one more point to negotiate: Is one spouse willing to take the house itself in the settlement, or share in the ongoing expenses to maintain it, with the hope that the market will turn around in a few years?

  • The retirement plan. A couple’s biggest asset, aside from their house, is often the retirement plan. Dividing it fairly could mean the difference for a nonworking spouse between a secure retirement and a hand-to-mouth existence.

Splitting Retirement Plans and QDROS

Pensions, 401(k) accounts and individual retirement accounts are typically titled in one spouse’s name, but they are still considered marital property if they were earned or acquired during the marriage. In the 41 “equitable distribution” states, spouses have the legal right to claim a share. In the remaining “community property” states, both spouses are considered equal owners.

To divide such accounts, you generally have to get a court-issued “qualified domestic relations order,” or QDRO, which spells out what each partner gets. Be sure the QDRO addresses the specific retirement plan in question, because each plan has its own rules, says Wendy Foster, senior vice president of Fidelity Investments’ defined-benefit unit.

In some cases, a judge approves a QDRO but it doesn’t meet a retirement plan’s qualifications, so the plan administrator must send the couple back to court to fix it. It can be very expensive to go back and forth so, to avoid such issues, Fidelity works with its plans to provide model QDROs for participants to use, she says.

It also is important to distinguish between the two types of plans: “Qualified” plans, including 401(k)s and traditional pensions, fall under federal law and can be divided using a QDRO. But “nonqualified” plans that are typically awarded to executives—along with stock options, restricted stock and deferred compensation—aren’t subject to the same rules and may not be able to be divided using a QDRO. You need to make sure those benefits are addressed separately in a settlement.

People negotiating divorce settlements should consider working with an attorney who has extensive QDRO experience, or who hires a specialist—and be wary of attorneys who play down how tricky QDROs are, Mr. Landers says.

  • The family business. Mid- to late-life divorce can cripple a business started during the marriage and owned by one spouse, because the other spouse is generally entitled to a share, Mr. Landers says. Without careful planning, the business might have to be sold to comply with those terms.

We recommend that couples with a small business—especially those with children—enter into a “post-nuptial” agreement that spells out what happens to the business in the event of death and divorce. Such agreements, which are recognized in most states, are increasingly being used in estate planning, particularly for people in second marriages.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Good and Bad of Prenuptial Agreements

The truth is, marriage is not only a romantic relationship, but also a sort of business relationship. This dual nature and purpose of marriage has led to the increased acknowledgment that a prenuptial agreement (also called a premarital agreement or prenup, for short) can be useful to protect each spouse’s financial interests. If you’re about to get married, or going to get married for a second time, you should talk to a prenuptial agreement attorney so you don’t get screwed. Let’s take a look at the pros and cons of entering into a valid prenuptial agreement based on your state’s laws.

Good and Bad of Prenuptial Agreements

Pros of Prenups

  • A premarital agreement can protect the inheritance rights of children and grandchildren from a previous marriage.
  • If you have your own business or professional practice, a premarital agreement can protect that interest so that the business or practice is not divided and subject to the control or involvement of your former spouse upon divorce.
  • If one spouse has significantly more debt than the other, a premarital agreement can protect the debt-free spouse from having to assume the obligations of the other.
  • If you plan to give up a lucrative career after the marriage, a premarital agreement can ensure that you will be compensated for that sacrifice if the marriage does not last.
  • A premarital agreement can address more than the financial aspects of marriage, and can cover any of the details of decision-making and responsibility sharing to which the parties agree in advance.
  • A premarital agreement can limit the amount of spousal support that one spouse will have to pay the other upon divorce.
  • A premarital agreement can protect the financial interests of older persons, persons who are entering into second or subsequent marriages, and persons with substantial wealth.

Cons of Prenups

  • The agreement may require you to give up your right to inherit from your spouse’s estate when he or she dies. Under the law, you are entitled to a portion of the estate even if your spouse does not include such a provision in his or her will.
  • If you contribute to the continuing success and growth of your spouse’s business or professional practice by entertaining clients or taking care of the home, you may not be entitled to claim a share of the increase in value if you agree otherwise in a premarital agreement. Under the laws of many states, this increase in value would be considered divisible marital property.
  • Starting a relationship with a contract that sets forth the particulars of what will happen upon death or divorce can engender a sense of lack of trust.
  • It can be difficult to project into the future about how potential issues should be handled, and what may seem like an inconsequential compromise in the romantic premarital period may seem more monumental and burdensome later on.
  • A low- or non-wage-earning spouse may not be able to sustain the lifestyle to which he or she has become accustomed during the marriage if the agreement substantially limits the amount of spousal support to which that spouse is entitled.
  • In the “honeymoon” stage of a relationship, one spouse may agree to terms that are not in his or her best interests because he or she is “too in love” to be concerned about the financial aspects and can’t imagine the union coming to an untimely end.

Free Initial Consultation with Prenup Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

What Does an Executor Do?

Serving as the executor of someone’s last will and testament can be an honor and the most terrifying experience of your life at the same time. By definition, an executor is entrusted with the large responsibility of making sure a person’s last wishes are granted with regards to the disposition of their property and possessions. When it boils down to essentials, an executor of a will is responsible for making sure that any debts and creditors that the deceased had are paid off, and that any remaining money or property is distributed according to their wishes.

What Does an Executor Do

Although the law does not require an executor to be a lawyer or other legal or financial expert, it does require than every executor fulfill their duties with the utmost honest and diligence. The word for this in the law is a “fiduciary duty,” which holds the executor to act in good faith with regards to a person’s will.

An executor is not entitled to proceeds from the sale of property of the estate. Depending on the particular state, generally, an executor is only entitled to a fee as compensation for administering the will. Most states mandate that this fee be reasonable given the size or complexity of the will.

Personal Representative’s Duties

There are many duties that an executor of a will may have to fulfill, depending upon the complexity of the will and the property to be distributed. These duties normally include:

  • Finding the deceased person’s assets. The executor is also responsible for keeping the assets safe until they can be properly distributed to those named in the will or to creditors. This management of assets can include deciding which and what types of assets to sell as well as what kinds of assets and property to keep.
  • Deciding if probating the last will and testament in court is necessary. Probating a will is the process of getting a court to approve the validity of the will. The decision of whether or not to probate a will can often depend upon the laws of the state that the will is going to be administered in, as well as the value of the property that will pass via the will.
  • Finding and contacting the people that were named in a will who are supposed to inherit money or property. The executor is generally in charge of making sure the property that is named in the will goes to the right people.
  • Making sure the will is filed in the appropriate probate court. This is generally required by law even if the will does not need to be probated.
  • Wrapping up the deceased’s affairs. This can include everything from canceling credit cards that are still open to notify a bank about the death of the individual. In addition, if the deceased person was already collecting Social Security benefits, the Social Security Administration should be contacted.
  • Setting up a bank account for the estate. Executors are generally required to keep the estate’s money separate from their own funds. Setting up a bank account in the name of the estate can make paying off debts to creditors easier.
  • Continuing necessary payments. The funds in the estate’s bank account can be used for making mortgage, insurance and other recurring payments that need to be paid during the administration of the will.
  • Paying off debts and creditors. In general, before any person named in a will can receive any inheritance, the deceased debts and creditors need to be paid off. The executor of the will should notify all creditors of the death of the individual and see how they wish to proceed.
  • Paying final income taxes. As the saying goes, the two things that are definite in life are death and taxes, and they even go together. Generally, the executor of a will is responsible for making sure that the deceased’s income taxes for the last year he or she was alive are paid.
  • Ensuring the property distribution of the deceased’s property. Property that is given through a will should be given as it is recorded. However, if there is other property that is not named in the will, it should pass according to the laws of the state.

Note that if there is no will in place, the person in charge is generally called the administrator and will be in charge of determining state law to see who property will pass to in “intestate succession.”

Free Consultation with a Utah Estate Lawyer

If you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506