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Springfield Family Law Blog

Will I have to pay spousal support after getting divorced?

In many marriages, one spouse is a breadwinner and the other manages the home and children. This can result in one spouse being financially dependent on the other, and in the event of a divorce, the financially-dependent person may request spousal support.

If you were the breadwinner in your marriage, then you should be aware of the factors that will determine whether you will pay spousal support, and for how long you may need to pay it.

Assets that can be difficult to value in high net worth divorces

Every divorce has the potential to be complicated. However, if you and your soon-to-be ex are affluent and will have substantial assets to divide, the process can be even more difficult because the financial stakes can be exceptionally high.

There can also be added complexity to the process because of the types of assets involved. In high-asset divorces, it is not unusual to have rare or exclusive property that can be very difficult to value, let alone divide. For instance, the following items could present some very real complications in these types of divorces.

Deciding who keeps the family home in a divorce

Key questions to ask yourself before making the decision

One of the most difficult decisions during a divorce can be deciding where you will live. Your home may be one that you have grown to love over time and you can’t imagine leaving.

What will happen to the family business after my divorce?

Marriages that have produced a family business are often left wondering what to expect after the division to the marriage is finalized. Will I have to divide the business? Is there any way it can continue to thrive despite the marriage failing? These are legitimate concerns to ask when separating the financial merging of former couples.  

An important starting factor when approaching this situation is securing a lawyer with a deep understanding of business laws and experience managing this and other high-asset divorces. There are complexities related to dividing a marriage with a business between them that simply do not appear in other divorce cases.

High-asset divorce: Prenup protects Georgina Chapman's interests

Prenuptial agreements can protect spouses in marriages anywhere, including in Oregon, regardless of their net worth. They can be particularly valuable in a high\-asset divorce. A perfect example may be the divorce of celebrities Harvey Weinstein and Georgina Chapman. Both spouses are highly successful in their respective fields -- he as a film producer and she as a fashion designer.

They were married in Dec. 2007, and they have two children. Weinstein is said to be worth approximately $300 million -- until several lawsuits and many more allegations were made against him of sexual harassment and abuse. It is now speculated that this may cause his financial ruin. However, although this caused Chapman to leave Weinstein last October, she appears fortunate to have the protection of a prenuptial agreement.

Grandparents' rights and child custody in Oregon

Determining child custody is difficult for everyone involved. For grandparents who are not primarily responsible for the child's care, they may feel they will lose quality time with their grandchild if they or their child is not awarded custody, or if joint custody is awarded.

It can feel helpless to not have any say in the child custody arrangements. Thankfully, in Oregon your needs can be addressed.

What are some reasons a prenup may be invalidated?

Last month, we wrote a post about prenuptial agreements and how to go about getting one of these contracts without ruining your relationship. In that post, the importance of the prenuptial agreement was central to the discussion. Today, we want to talk about the prenuptial agreement in a different context: how a spouse could actually mount a serious and successful legal challenge to a prenup.

Prenups have long had a reputation as being nearly impossible to overturn or reverse. To a certain degree, this is true. In most cases, judges will want the prenup to stand as is. However, there are circumstances where the prenup can be successfully challenged. One such circumstance is if the information contained within the prenup is illegal or false.

Divorce trends: Get a prenup without ruining a relationship

When a couple is planning a wedding in Oregon or anywhere around the nation, there is a long list of things to do. Choosing a venue, picking out a dress, selecting a caterer or planning a honeymoon are typical activities that come to mind. Getting a divorce is certainly not a topic of conversation most couples address in the midst of wedding plans. However, experts suggest that developing a prenuptial agreement prior to marriage affords couples an opportunity to logically discuss what might happen if a split occurs.

Certainly, the development of a prenup may create some frustration. However, marriage advisors acknowledge that prenuptial agreements can prove to be very useful documents in the future. They recommend several suggestions on how to create an effective prenup while preserving a relationship.

Shared parenting: A positive child custody arrangement

When a couple gets a divorce in Oregon or anywhere around the country, there are numerous issues they must address during the process. If the couple has children together, the issue of child custody is paramount in their decision making. The best interests of the child are considered the standard by which courts make custody decisions. However, some family experts contend that some courts need to update their interpretation of that standard.

Traditionally, the decision is made to award sole custody to mothers. Yet, studies frequently show that children raised by one parent are more at risk to drop out of school, become pregnant or experience other problems. Statistical evidence increasingly supports a shared custody arrangement for the children. In these situations, children spend roughly equal time with each parent.

Tax reform bill can affect alimony payments in divorce process

The tax reform bill currently in Congress is a hot topic in the state of Oregon and other states across the country. One issue addressed in the bill that is before the House of Representatives is the treatment of alimony. Since the discussion of alimony can be a potentially volatile subject in divorce proceedings, any potential changes in its handling is being closely watched.

As the law stands now, the person paying alimony may take an above-the-line deduction, whereas the person receiving it must count it as gross income. The former spouses may enter an agreement to alter their alimony's tax treatment. Typically, the payor of alimony would be in a higher tax bracket and thus would benefit from the deduction.