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Orlando Divorce Law Blog

Steps to take in modifying a divorce settlement

Divorce settlements are usually looked at as a final statement, set in stone, that can be brushed aside and never looked at again. Although many divorcees would rather move on with their lives and never have to think about the stress and unsettlement that going through a divorce can bring, the reality is that on occasion a divorce settlement should be reconsidered, because some of the terms are not working for one of the individuals.

Although this is not an ideal situation to be in, the good news is that luckily, it is often possible for this to be done.

Can I add a relocation clause in my divorce?

When going through a divorce, you may already have a vague plan of your next steps as a single parent. Perhaps you want to move back to your hometown, move out of state in order to get a fresh start or move to a new city to start a new job. Regardless of what your plan is, you may have concerns about what your former spouse might have to say about your intention to relocate along with your child. You might also have concerns about whether it is legal to relocate if the other parent still has legal custody of the child.

One potential solution to these worries pre-divorce is to look into the possibilities of adding a relocation clause into your divorce papers. This is not common practice; most often the prospect of relocation is only addressed when it becomes a reality.

Why do parents wait to divorce until the kids grow up?

There is no single reason why parents wait until their children are adults to get divorced. In some cases, the parents haven't started having relationship issues until then. Financial issues could play a role. The empty nest could impact the parents' relationship.

So, there are many factors in play, and no two cases are identical. While it's not fair to stereotype all parents, it is worth noting that many parents do have similar reasons for waiting. These include the following:

  1. The kids are more mature. Parents worry about young children who won't know how to move forward without the family unit they're used to, but kids in their 20s and 30s have a stronger, more independent standing.
  2. The kids have their own lives. They work and support themselves. They go to college. They have serious boyfriends and girlfriends, or they're married and have kids. Their parents splitting up doesn't directly impact them as much.
  3. As such, parents don't have to worry about some of the common divorce issues, such as child custody plans and child support payments.

'Gray divorces' often leave women in poverty

So-called 'gray divorces' between senior citizens frequently leave the wives impoverished, according to a study done by sociologists at Bowling Green State University in 2010. The women discover to their chagrin that meager Social Security benefits are insufficient to meet their basic needs.

Researchers focused on 9,649 women over 62 (and their partners) who responded to a Health and Retirement Study (HRS). They discovered that the real economic losers in gray divorces were the women suffered the most economically, as 27 percent of those responding met the qualifications of poverty.

Who can benefit from a postnuptial agreement?

Undoubtedly, you have heard of prenups, which are premarital agreements that determine ahead of time the terms of your divorce, particularly asset division. Creating a prenup comes with the benefits of establishing open communication, securing your financial future and preventing fighting over property in the event of divorce.

However, you may not have heard of a postnup, or postnuptial agreement. This is a document you create any time after you are married to further address assets and related estate planning issues. It is similar to but not the same as a prenup, and therefore has slightly different legal requirements. You may benefit from making a postnup if any of the following circumstances apply to you.

Military life can add new challenges to divorce

For some, the military lifestyle is too challenging and leads directly to divorce. This is shown in the divorce rate, which has been on the rise. In 2001, it was at 2.6 percent. By 2011, a decade later and after the military was sent to Afghanistan, it had gone up to 3.7 percent.

Even when it does not cause a couple to split up, though, it can add challenges to the divorce process.

Relocate smoothly as a single parent

As a single parent, life is often chaotic and you need to rely on consistency and organization to get through every day. But when less frequent events crop up, such as deciding to relocate -- perhaps to a different state -- you need to be more prepared than ever to handle the changes that will come for you and your family.

This blog will over a brief overview into some top tips for planning a smooth family relocation as a single parent, and a direction to advice if you are facing any disputes due to this with the noncustodial parent.

How do taxes work regarding alimony?

Either receiving or paying alimony can be a very complex when it comes to how it relates to taxes. It is important to make sure you know what is tax deductible and what you are likely to owe. If you are receiving alimony, this should be taxed as alimony. Similarly, if you are paying alimony, you should deduct this from your income tax since your former spouse will be paying the tax owed on receipt of the alimony.

This blog will provide a brief overview into how taxes work when it comes to alimony, whether you are paying or receiving.

Protecting your assets with a prenuptial agreement

If you are thinking of getting married in Florida, do not forget to think the consequences of divorce. Without a carefully drafted prenuptial agreement in place, you could end up having to split your marital or individually owned assets with your spouse.

A prenuptial agreement allows you to distinguish which properties you want to stay separate from the marital estate. In the event of a divorce, your prenup can help keep you and your partner from fighting over assets. Here is a brief overview of how you can create and use such a contract. 

Should I appeal my divorce?

It extremely common for a spouse to be unhappy with the judge's divorce ruling. When this is the case, you always have the right to appeal, but you may wonder whether it is the right thing to do and whether an appeal will be worth your trouble.

This blog will offer a brief overview into what the complexities can be when going through a divorce ruling appeal, and whether it might be worthwhile for you to engage in one.


Mercedes R. Wechsler, P.A.
1212 E. Ridgewood Street
Orlando, FL 32803

Phone: 407-440-0878
Fax: 407-839-0263
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