Divorce

Don’t Overlook Health Insurance Options In the Midst of Divorce

November 1, 2018 | Kearns Rotolo Law

It is common in a marriage for one spouse to opt for family coverage under their employer’s health insurance benefits. This way, the employee’s medical expenses as well as those of their partner and children are covered. But divorce changes that – health insurance policies don’t extend to ex-spouses. There’s no need to panic, just understand your options and plan accordingly.

Under most circumstances, family coverage remains in effect as long as a couple is married, even if they choose to live separately pending finalization of their divorce. Of course your spouse does have the option to switch to an individual or an individual with children plan, but usually such changes are allowed only during open enrollment periods. If you are covered under your spouse’s medical insurance, make it a point to be aware of the open enrollment dates for that plan and use the interim time to investigate all your options to find the coverage best suited to your health and your finances.

To get an idea of what alternative coverage is available to you read the Forbes.com article, “What You Need To Know About 3 Key Options For Health Insurance After Divorce.”

What Kids of Divorce Really Need

October 1, 2018 | Kearns Rotolo Law

As you go through a divorce, your attention understandably can be centered on your own problems and emotions. You’re hurt, angry, sad and uncertain of what the future holds. On top of that, you’re determined not to let your soon-to-be ex get the best of you in the divorce settlement. In the midst of all this, it is sometimes difficult to give sufficient attention to what your children really need from you at the moment.

Often, a parent’s first reaction while in the divorce process is to assure their children that the divorce is not about them and it is not their fault; it’s a situation between the adults. But divorce affects everyone in the family and placating your children just won’t work. In an article entitled “Divorce is never easy – but here’s what your kids need from you,” Dr. Kevin Leman explains what your children really need and how you can help them navigate this highly emotional time in their lives.

Strategies for Keeping Your Divorce Civil

September 1, 2018 | Kearns Rotolo Law

For most couples, the decision to divorce comes only after all attempts to save their marriage have failed. Once it becomes clear that divorce is their only solution, they just want the relationship to end so they can begin the process of moving on with their new lives. Only the most narcissistic among us want the process to drag on.

A drawn-out divorce can be costly and emotionally draining. There are legal strategies you can employ to protect yourself – and your children – from additional pain. Read “Detox Your Divorce With These 5 Smart Legal Moves” to learn how you can keep your divorce process civil and as brief as possible.

As the Summer Wanes, Divorce Filings Peak

August 1, 2018 | Kearns Rotolo Law

A team of researchers at the University of Washington recently conducted a study analyzing divorce filings in that state for the period from November 2001 through December 2015. Their findings? Divorce filings by American couples peak during the months of August and March before declining significantly at year end. As interesting as this data is, it begs the question why are divorce filings more common in these months – especially August – than any others?

One possible reason is that for many families, summer means more time spent together on vacations and long weekends. There’s an old saying that familiarity breeds contempt. It could be that for couples already experiencing problems in their marriage, this extra time together puts a spotlight on their differences. Another thought is that kids soon will be returning to school and that routine could help them cope better with their parents’ divorce.

For more insight on possible reasons behind the uptick in divorce filings as summer ends, as well as tips on how to help your children cope with your breakup, read “Back To School Divorce: 4 Reasons Parents File For Divorce In August.”

Helping Your Children Cope with Your Divorce

July 1, 2018 | Kearns Rotolo Law

Divorce can be complicated and all-consuming. The one thing no parent wants to do, however, is to lose sight of their children’s wellbeing during the process. As your emotions run the gamut between hurt and anger, it’s important to remember that your children, too, are affected by this change in your family dynamics.

One of the worse things you can do is to hide the truth from your children. Telling your children that you or your spouse is “going away for a little while” won’t soften the blow; it will only give them false hope. What they need most at this time is the support of both parents. For pointers on how to help your children deal with your divorce, read lifehack.org’s article by Dr. Magdalena Battles entitled, “How to Raise Healthy, Happy Kids After Going Through a Divorce.”

Heading for Divorce? Knowing What to Expect Can Help You Avoid Surprises

May 1, 2018 | Kearns Rotolo Law

Most people don’t enter into divorce lightly. In fact, it’s usually the last resort couples turn to when all other attempts to revive their dying marriage have failed. It’s no wonder then that people facing divorce run the gamut of emotions – sadness, anger, fear, disappointment. The last thing anyone in that situation needs is surprise.

Before taking that first step to filing for divorce, it is important to understand the process. Emotions have a way of clouding our judgment. Knowing what to expect in the divorce process can help couples make rational, rather than emotional, decisions that can better prepare them for their new lives; it can even help them decide if divorce really is the right answer to their marital problems. To learn more about the divorce process, read “Time To Divorce: Do You Know What To Expect During The Divorce Process?”

New Tax Laws Expected to Complicate Divorce Negotiations

March 1, 2018 | Kearns Rotolo Law

Spousal support, or alimony, often can be a point of contention in divorce negotiations. Now, with the recent changes to the tax code, negotiating these agreements may get more complicated.

Presently, spouses who pay alimony can deduct these payments on their income taxes while those who receive such payments are required to report them as income – all that changes at the end of this year however. According to the new tax code, in divorces settled after this December 31 alimony payments will no longer be deductible nor reportable as income on annual tax returns. Currently, there is much speculation regarding who will truly benefit from this tax change – the payer or the recipient – and what effect, if any, the change will have on divorce filings this year. To learn more, read “Alimony tax changes may scorch divorcing couples.”

Can You Pass the Co-Parenting Test?

February 1, 2018 | Kearns Rotolo Law

Studies have shown that, barring any abuse or neglect, children fare best when they have the influence of both parents. Unfortunately, relationships between adults sometimes deteriorate to the point where separation is the only answer, leaving the children caught in the middle. One thing most parents going through divorce can agree on, though, is that each wants what is best for their children. While what that best is can be a point of contention, many parents would admit that a life of alternate weekends, a couple of vacation weeks each year, and alternating holidays doesn’t exactly foster strong parent/child ties. That’s one reason why more and more parents these days are ditching these traditional custody schedules in favor of co-parenting arrangements.

In a co-parenting situation, exes work together to share their parenting responsibilities much like they did while they were still together. Sometimes that means working cooperatively with someone you may still harbor a lot of anger towards. Letting that anger get in the way can lead to counterproductive efforts that adversely affect your parenting. To figure out if you have this co-parenting thing down pat, read “Are You Co-Parenting or Counter-Parenting? Get It Right For Your Kids!”

Why Refinancing Your Home After Divorce Might Be A Smart Decision

January 1, 2018 | Kearns Rotolo Law

Negotiations have ended, your divorce is final and your ex gets the house. It’s over . . . or is it?

Couples often make the mistake of assuming that if the marital home is awarded to one spouse in the divorce negotiations, the other spouse no longer has any obligations regarding mortgage payments. That’s not quite true. Removing a name from the title and the mortgage are two different things. And as long as both names remain on the mortgage, both spouses are responsible for meeting the obligation. Rarely can one person simply assume a joint mortgage. The best solution would be to refinance the mortgage in one spouse’s name.

There are several other reasons refinancing your home after divorce could be beneficial. To learn more, read “Til The House Do Us Part: The Top Five Reasons To Refinance After Divorce.”

How a Strong Support Team Can Help You through Your Divorce

December 1, 2017 | Kearns Rotolo Law

It is not uncommon for individuals going through divorce to be short-sighted and focus only on the immediate situation, which is to end their marriage. It’s a very emotional time for everyone involved and often decisions are made from the heart, not the head. But this tendency towards rash judgment can have detrimental consequences down the line.

While most people have some sort of support team in place – family and friends to help them get through the most emotional days — you might need a little more than a best friend’s shoulder to lean on. A strong team of professionals trained in matters relating to divorce and family law can help you come out on the other side of divorce both emotionally and financially sound. To learn more about who you may need on your team, read the recent Forbes magazine article “Considering Divorcing? This Is Your Single Most Important Decision.”