Category Archives: Mediation

Dividing IRAs in Divorce

Practically every divorce case involves marital assets to be divided between the parties. Of significant concerns are the tax issues involved in these transfers. Under U.S. Code § 1041 - transfers of property between spouses or incident to divorce, are non-taxable events. In order to utilize a “divorce or separation instrument” to divide an IRA, you should be sure that the judgment or settlement agreement includes language that is sufficient to divide the IRA, provides a clear method of division, provides a valuation date as of which the IRA is to be divided, and addressed gains and losses on the...Read More

Top Ten Must Do’s to Prepare For Divorce Settlement Negotiations

There are so many financial and emotional aspects of divorce that have to be balanced that if parties aren’t careful, they can end up in a big mess. As a mediator, cases that settle most smoothly in mediation are those where the parties have done their due diligence and are realistic about settlement. Following these ten tips will help you and your client ensure a more productive mediation to negotiate settlement. Identify the Marital Estate: During the course of the marriage, a couple accumulated assets and liabilities and it must be divided in the divorce. Until your client knows what...Read More

Five Ways the New Tax Laws Will Affect Divorcing Couples

The 2017 Tax Cuts and Jobs Act is the most sweeping update to the U.S. tax code in more than thirty (30) years. The recently released bill would lower taxes on businesses and individuals and unleash higher wages, more jobs, and untold opportunity through a larger and more dynamic economy. How will these changes affect divorcing couples? These tax changes sunset in 2025. All marital settlement agreements with minor children should include proper language to handle changes if/when tax laws change. Please send me as message at info@southfloridamediationservices.com and I will gladly send you language to include in agreements addressing...Read More

The Benefits of Mediation in Divorce

It is universally agreed that when possible, allowing parties to make their own decisions that impact their own financial outcome with the assistance of a mediator is much better than having a judge tell everybody what to do.  The mediation process, because it is a negotiation, gives the parties a chance to seek a win-win resolution or to come up with alternative resolutions that benefit everyone involved. Litigation, while necessary in certain cases, is indeed a win-lose proposition. In effect, there can only be one “winner” or “loser” in trial. Trial is an exercise of loss of control by the...Read More

Happy Holidays from South Florida Mediation Services

“Beliefs have the power to create and the power to destroy. Human beings have the awesome ability to take any experience of their lives and create a meaning that disempowers them or that can literally save their lives.” Behind every successful woman is Herself. While this may be true on one level, the reality is that nobody achieves success or realizes their life purpose by themselves. It's a process that requires and demands a team providing guidance and support. That kind of help is all around us -- we just don't always see it. Every story of success is a...Read More
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