What You Go Into A Marriage With You Leave With…

By Robin Roshkind, Esquire, West Palm Beach, Florida

Generally speaking, what you go into a marriage with you leave a marriage with.  However, first you have to prove it.  You have to prove that you had an asset going down the isle.  You also have to prove how much that asset was worth at that time.  For example, if you have a retirement plan valued at $100,000 on the wedding day and 15 years later you are getting divorced, you need to provide a statement showing your retirement plan was worth $100,000 on the wedding day.    The same holds true for stocks, bonds, other investment vehicles.  Your spouse may share in the extra value above and beyond the original $100.000 or not at all if you did not invest marital funds to make it grow or use funds from it for marital bills.

There is something called comingling, which hampers the fact that an asset is yours and yours alone.  If you comingle your stocks and bonds by putting your spouse’ name on the account, or using the funds for marital purpose, this then makes your assets marital assets and in divorce it becomes an asset to be divided among the two of you.

So be careful when you have assets you go into a marriage with.   Disclose and document what it is that you have when walking down the isle.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

Should You Just Let The House Go?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many of my divorcing couples are facing the real estate market with marital homes that are under water…the mortgage owed is more than the home is worth at fair market value at today’s prices.  What to do?

Refinancing is one option.  The spouse who wants to remain in the home refinances, if she or he qualifies, and gets the other spouse’ name off the mortgage.  The other spouse simulaneously quit claim deeds the home to the refinancing spouse.  No money is exchanged if the home is  under water.  If the home has equity, the refinancing spouse buys out the other spouse with a bargain basement check at closing. 

Mortgage modification is another option.  Both husband and wife need to speak to the lender for a mortgage modification.  They are both stuck on the note until the home sells, even after the divorce is final, but at least it is more affordable until then.

Foreclosure is another option.  Now because there are so many foreclosures, it takes so long to be evicted, you can live mortgage payment free for almost a year or sometimes even longer.   This is an option many divorcing couples are choosing.  Just know that it ruins any good credit you may have and that has ramifications long term.

For more ideas about what to do with the marital home during divorce in Palm Beach County, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com.

Sharing Children On Special Dates

By Robin Roshkind, Esquire, West Palm Beach, Florida

I often get a divorcing parent crying on the phone due to the time sharing arrangement.  How do you cut a child in half on his/her birthday?  How do you share Christmas Day with a child of divorce? 

Mother’s Day and Father’s Day or a parent’s birthday are clearer.  Obviously and Mother gets Mother’s Day and the father gets Father’s Day.  But I have known some spiteful divorced parents who interfere when it is clearly wrong It is the child/ren who suffers.  Less obvious is the child’s birthday and things like Thanksgiving Day, Christmas Eve, Christmas Day, Halloween, July 4th and other holidays that may be important to a parent.

The Palm Beach County Courts now have a parenting plan where parents can decide and agree  in advance as to important time sharing dates.   Some times families split the day with one taking Christmas Eve and the other taking Christmas Day, or Thanksgiving Day one parent takes the early afternoon and the other takes the evening. 

This gets extremely complicated where parents live far apart.  Usually they alternate years.  In even years, Dad has Thanksgiving Holiday, and in odd years Mom has Thanksgiving Holiday, and so on.  If the parents cannot agree, the judge will decide what is in the best interests of the child.

If you are getting divorced in Palm Beach County and need assistance, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

Name Changes Are Less Expensive If Done During Divorce Proceedings

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are contemplating changing your name back from your married name to your former name, it is much cheaper to do it as part of your divorce proceedings than after the fact as a separate court case.  The judge needs your testimony that the name change is not for the purpose of thwarting your creditors, or for any other fraudulent purpose.

But if you have children,  you may NOT want to change your name back even if you do not like your husband’s name.  This is because the children and you will continue to have the same name and often it is in the children’s best interest to do so.  You need to weigh the benefits to the negatives to determine for yourself what your comfort level is.

Sometimes, husbands who are planning to remarry quickly, or who are prominent in the community, require their stbx wives to relinquish their name back to the former name for money.  This is a negotiation and could be to your benefit.

For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com.

Life Insurance Guarantees Support Payments

By Robin Roshkind, Esquire, West Palm Beach, Florida

When a court orders a child support obligation, or when the husband and wife agree in a marital settlement agreement to a support award, often times in Palm Beach County, life insurance is required to guarantee those payments. 

Life insurance insures the payor of child support the same as if the payor were alive.   The terms are the same for the life insurance payments as are for the payor as if he/she were alive.  The amount of life insurance is determined by the amount of the obligation.  The term is usually until the child/ren turn 18 or graduate from high school by age 19 which ever comes first.

Proof of life insurance is usually demended by the beneficiary on an annual basis.  The other parent is usually the beneficiary on behalf of the children.  Sometimes, by agreement of the parties, life insurance is also used to guarantee alimony payments, especially where alimony is long term.

For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com.

What Are You Waiting For? Are Things Going To Get Better?

By Robin Roshkind, Esquire, West Palm Beach, Florida

You’ve put your life on hold…waiting…for the kids to get a little older; for the economy to improve; for the family finances to straighten out; for real estate prices to come back up; for your credit card bills to get paid down.  Are things going to get better?

If you answer yes, than hang on tight.  If you answer no, then legal advice is what you need.

You have loans, debts, bills, kids, an upside down house, stuff you don’t want or need, maybe even a boyfriend or a girlfriend.  If it’s time to clean up your existence, go to the bookstore and get a book about divorce.  Or call the law offices of ROBIN ROSHKIND, P.A.at 561 835 9091 and come in to get 40 TIPS FOR SURVIVING YOUR DIVORCE along with a legal consultation.  Or click on the Firm’s web site for more information at http://www.familylawwpb.com.

Signs That Your Marriage Is In Trouble

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are signs to divorce…the problem is to recognize them as follows:

1.  NO SEX  When there is no intimacy in a marriage, the marriage is failing.

2.  NO COMMUNICATION  When she gets comfort from her girlfriends, or he spends too much time at the bar with his buddies, he and she are not communicating.

3.  NO TOGETHERNESS  When you go shopping with the kids, and he goes to the sports bar to watch the game, and this happens too often, your marriage is in trouble.  Not that watching the game is the big deal.  It’s when you don’t do stuff together that is the real sign.

4.  NO RESPECT  When things are taken for granted and there are no respectful interactions the marriage is doomed.

5.  NO EMPATHY  In order to be married you have to have feelings for one another; for what it is like to be in the other’s shoes. If there is no empathy there is no good marriage.

6.  NO FUN  If there is no date night, no playfulness, no sharing of experiences, no fun, there is no marriage.  You are alone.

If you think your marriage is in trouble you should seek legal advice.  Call one of the divorce lawyers in Palm Beach County at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.    While divorce is not pleasant, a bad marriage is worse.