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Punta Gorda Family Law Blog

Different approaches apply when dividing retirement accounts

If you and your spouse have decided to end your marriage after many years together, you may have retirement accounts to divide.

Different accounts require different types of paperwork. Here is an overview of what you may expect.

When is co-parenting the right child custody choice?

Children can suffer significant emotional harm when their parents make the choice to go through a divorce. Florida parents understand how important it is to make choices that allow for their kids' long-term success, which may influence the choices they make for child custody. In some cases, families find that co-parenting is a good way to provide their kids with stability and security.

Co-parenting has many benefits as it allows for kids to maintain a strong relationship with both parents. However, this is not always easy for the parents. It requires that both of them remain in communication and commit to preserving the needs of the kids above all else. Some families find that working in conjunction with a psychologist or family therapist can also be useful.

Fair property division and its impact on retirement security

Divorce changes many things about a person's life, including his or her financial stability. The impact of a property division order can be felt for years to come, which is why it is important for a person nearing retirement to seek terms that are fair and reasonable. Divorce near the time of retirement is costly, and a reader will want to look for ways that he or she can secure a strong future.

Gray divorce is a divorce involving two parties who are over the age of 50. When a couple gets divorced at this age, it is likely they have decades of retirement savings together or they have a previous marriage or two already behind them. This can make things remarkably complicated, which is why a Florida resident will want to be very careful to honestly assess his or her expenses. This will allow a person to know how to live within his or her means and adjust for potential financial changes that could be coming.

Planning for the future with a strong prenuptial agreement

When planning to marry, it can be difficult to think about the future past the wedding day and the honeymoon. While engagement is an exciting time, it is beneficial for a Florida couple to look at their future and start planning now for possible contingencies. One way to do this is to draft a strong and thoughtful prenuptial agreement. 

Couples are often reluctant to draft these types of agreements out of the assumption that they don't need one or wouldn't benefit from this type of protection. Other times, a couple may hesitate to do this because it's uncomfortable and unromantic to think about the possibility that the marriage may end before even making it down the aisle. In reality, there are plenty of practical benefits to this step for couples of all income levels.

What happens if one spouse wants a divorce and the other doesn't?

Making the choice to end a marriage is not easy. The lead up to this decision probably involved months of discussion, thinking and even sharp disagreements between the parties. Despite all of this, it is possible that one spouse will be ready to move forward with a divorce before the other one is. This may lead to the question, is it possible to stop this process in Florida once one spouse has initiated it?

In short, it is not really possible to stop a divorce if your spouse is intent on getting one. While there are certain things that the other party can do that will slow the process, it is rarely productive. Instead, a person will find it more beneficial to explore ways he or she can protect his or her interests during divorce and secure terms that allow for a strong and stable future. 

How to defend against lies and false accusations in a divorce

Even for the most amicable of couples, divorce does not come easy. From parenting time to property division, the situation may become rather complicated and challenging. Much is at stake when a marriage ends.

This fact may drive some spouses to lie to get custody of the children, acquire more assets or seek revenge on the person for leaving. Lies and accusations can cause real damage not only to the divorce case, but also in other areas of your life. How can you protect yourself in such a situation?

Without careful planning, divorce can come at a steep cost

When a Florida couple decides to move forward with ending their marriage, they understand there are significant financial implications that come with this decision. There are always financial adjustments that have to be made after this process, even when couples are amicable and willing to come to an out-of-court agreement. Without careful planning and consideration for the future, a divorce can come at a steep cost to some.

One woman who is a financial analyst specializing in divorce says that her divorce dealt her a severe financial blow. She estimates that her divorce cost her around $1 million in retirement savings, partly because of a lack of planning on her part. Her situation serves as a reminder of why it is important to think about the future even before getting married.

Property division and the financial implications of gray divorce

When a Florida couple decides that it is appropriate to end their marriage, there are certain consequences that come with that decision. The financial implications that come with a gray divorce are significant, and an older individual will want to be diligent about protecting his or her long-term interests during the property division process. Gray divorce, which is a divorce between two people age 50 and up, is on the rise.

People are living longer than ever, and social perception of divorce is different than it was in the past. This may be a significant factor in the growing number of gray divorces. Regardless of why they are happening, these divorces bring significant financial changes to both parties. As they are closer to retirement, there is less time for them to recover, rebuild savings and maintain the same lifestyle.

When can a person know if divorce is the right choice?

It's never easy to make the decision to end a marriage. Even in cases where both parties are amicable and resolved to work together peacefully, divorce is still an emotional and difficult process. For some Florida readers, making the choice to move forward with this step is difficult, and they struggle with wondering whether it's the right things to do. 

It's always better to be confident before moving forward with such an important and life-altering decision. There are a few things to consider that may help a person who is considering divorce, including whether the relationship is truly beyond repair. Another factor for consideration is whether a person has the financial resources ready for divorce and is ready to make post-divorce financial and lifestyle adjustments.

Summer is almost over, but divorce rates are rising

As summer comes to a close, many Florida children are already back in school and their parents are trying to adjust to a new schedule. For many families, it is also a time of significant transition as many people choose during this particular time of year to move forward with divorce. While there are many reasons for divorce, summer break is often a time when it becomes clear that a marriage is no longer working.

The choice to end a marriage is never easy, and some couples take the summer to decide whether this is the right choice. Summer can be stressful and difficult, especially with the kids out of school, and by the time school starts again, parents may have decided what is ultimately best for their unique situation. Couples often view summer as an opportunity to rekindle their relationship or have more time to think about a potential divorce.