A Prenup Is Not About Romance

Are you considering getting a divorce? Has your spouse been giving you signs that a divorce may be imminent? Maybe you and your spouse jointly have discussed or even already agreed to get divorced. No matter the situation, you may be wondering if you can avoid the costs, stress and difficulties involved in a traditional litigated divorce. Many Florida residents before you have had the same wish to do this and have found that the state does offer some alternatives. One of these is referred to as collaborative divorce.

A collaborative divorce is not the same thing as mediation but follows a similar spirit insofar as one goal is to avoid court and letting a judge make your final decisions. The Florida Bar explains that both you and your spouse will still hire separate attorneys in a collaborative divorce, as with a traditional divorce. However, the difference becomes how your negotations are approached. Instead of being pit against each other in a spirit of trying to win or outdo the other person, a collaborative divorce is focused on finding amicable resolutions. You, your spouse and both attorneys enter into a written agreement indicating that this is your goal.

If, for any reason, you are not able to come to agreements using the collaborative approach, the attorneys involved are not allowed to represent you in court. You and your spouse will need to hire new counsel.

If you would like to learn more about collaborative divorce, please feel free to visit the marital dissolution options page of our Florida family law website.

A divorce at any age can have serious financial implications for residents in Florida. But, if you are in your 50s or 60s when getting divorced, your need to pay attention to retirement assets and income can be much greater than if you got divorced in your 30s. This is simply a fact of life because you have fewer years left to recoup any losses and provide for yourself during your retirement years. How can you best protect your ability to retire well even when getting divorced at a later age?

Time indicates that one of the most important things you should pay attention to is the variety of income streams you may have at your disposal. Simply put, all potential assets or flows of income are not created equal. Some will have serious—and negative—tax ramifications for you. An example is a 401K account. Money received from this will ultimately be taxed at your normal tax rate. An investment account funded with pre-tax dollars, however, offers you the ability for income sans later taxation.

You should also learn if you may qualify for Social Security benefits based upon your spouse’s contributions. There are specific criteria which must be met, including age and duration of your marriage, but this can provide a beneficial source of income for you. When it comes time to consider your housing situation, emotions should be put on hold. Attachments to homes can come at a steep price. You may be better off selling a home and reducing your housing costs.

This information is not intended to provide legal advice but general information for Florida residents about how to protect your future income stream while getting divorced when retirement looms.

Divorce has become more and more common in Tampa and throughout Florida. According to a WCTV.tv report, for every one hundred marriages across the state in 2014, there were 54 divorces. For adults, going through the end of a marriage can be one of the most challenging experiences of their lives. For the children of divorcing couples, however, this type of major life change can be all the more difficult. While parents cannot eliminate all of the upset that their split may cause their kids, there are things they can do to help their children adjust to and deal with the change.

Often, a divorce means significant changes for families. One household may separate into two, which means children may see less of one parent than they are accustomed to. In order to limit their children’s anxiety during this already tumultuous time, it is recommended that parents avoiding introducing other major changes into their kids’ lives if possible. Rather, they should do their best to maintain their usual daily and family routines.

At the end of a marriage, it is common for divorcing spouses to have feelings of hurt or animosity towards one another. This may lead to frequent arguments. According to Parents magazine, however, that the children who have the most difficulty adjusting to divorce are those who are subjected to ongoing disputes between their parents. Thus, it is suggested that parents who are going through a marriage dissolution have heated or difficult conversations when their children are not around. This may help avoid exposing their kids to adult issues or making them feel as though they have to choose a side.

When they are told their parents are getting divorced, children may have a range of reactions. Very young children may not understand, while older kids may be confused, upset or hurt. In some cases, the kids of divorcing parents may feel that they are to blame for the split. Due to the range of emotions they may experience, kids may have a variety of reactions to their parents’ divorce. It is important for parents to be prepared for how their children might react to the news and to reassure them that it is okay to feel the way they do.