Category Archives: Divorce

Divorce attorney discussing with couple

How Is a Divorce  and the 401K Handled? 

Divorce
In Boca Raton, retirement plans are typically considered marital property.  This includes pension accounts, annuities, Keoghs, IRAS, 401k plans and other deferred compensation plans.  As such, these plans and benefits are subject to equitable distribution even though they are in one spouse’s name.  With a divorce and the 401k, you must take into consideration this form of distribution.  The value of the 401k is based on the portion of the fund that has accrued during the marriage and until the valuation date. To determine the value of the 401k in divorce, the party must compare the current value of the account from the...Read More

Children and Divorce: Provisions to Consider in Order

Divorce
Mediating issues involving children and divorce in Boca Raton initiates an amicable process to help resolve current problems and concerns.  Many such issues related to children and divorce in Boca Raton are financial in nature and can be worked out through the collaborative process of mediation if both parties fully engage in the process.  Some provisions to consider in the mediated settlement agreement include: Insurance Policies If one spouse will pay spousal support and/or child support, it is important to include a provision requiring the spouse to maintain life insurance naming the recipient as the beneficiary in case the paying...Read More

Divorce and Children – What Happens to the Family Home?

Divorce
When Boca Raton parents are considering divorce and children matters, they must take into account how decisions can impact their children.  One important consideration of issues involving divorce and children in Boca Raton is how to deal with the family home.  Some options include: One Spouse Keeps the Home Sometimes the parents believe that the parent with more custodial time should keep the family home.  This may be an emotionally-driven decision because the parents may feel guilty about the kids losing access to both parents at the same time as well as to a home where they may have grown...Read More

Mistakes to Avoid during Divorce and Finances Settlement

Divorce, finance
The decisions that spouses make during their divorce settlement can affect them for years and possibly even for the rest of their lives.  This is why it is important to consider the effects of divorce and finances during a South Florida divorce.  Some divorce and finances mistakes to avoid in South Florida include: Not Uncovering Hidden Assets During the divorce, it is critical that all assets and debts be identified.  The divorce order can only make instructions regarding those assets and debts that the court knows about.  Unfortunately, some spouses try to hide money that is subject to division.  Assets...Read More

How Evaluative Mediators Help with Divorce and Children Cases

Divorce
Each mediator approaches Boca Raton divorce and children cases in a different manner and has a different style.  While each style provides different benefits, the evaluative mediator can often play a pivotal role in helping the parties reach a peaceful resolution in Boca Raton divorce and children cases. An evaluative mediator is an objective party who actively listens to the side of each party.  In order to get the parties to recognize the need to settle the case, the mediator points out weaknesses in each side of the case.  Many parties only see things from their own perspective and assume...Read More