​​I’ve Been Served with Divorce Papers in Bucks County. What Should I Do Next?

Some people are honestly surprised when they receive a divorce complaint. Ideally, this is not you because everyone should be prepared for a significant change in their life, no matter what it might be. This is an important step, but far from the final one, in your divorce journey. 

After you have gathered yourself, call us at (215) 752-6200. We have helped thousands of people just like you get through this process as quickly and as painlessly as possible, given their situations. Our Karen Ann Ulmer, P.C., attorneys know the law, court procedures, and what you are going through.  

Take Precautions If You Fear for Your Safety 

Pre-divorce relationships run the spectrum. A couple could still deeply, genuinely care about each other but understand their marriage is no longer right for them. A couple might also be unable to stand the sight of each other, and one person, if not both, may engage in physical and emotional abuse. Your marriage may be somewhere in between. 

If you are the victim of domestic violence, you need to protect yourself and your children (if you have them). You should plan on contingencies if this turning point becomes an excuse for violence by your spouse.  

It may be a good sign if your abusive spouse starts the divorce process. Some do not want their marriage ever to end because they want someone to control and torment the rest of their lives. If they want a divorce, this dire situation will end. 

Protect Your Financial Resources 

Part of divorce is the equitable division of marital property. Your debts and assets will be split as a result of an agreement or a trial. The outcome should be fair to you. But that might not be the case if a trial does not go your way, which is one reason most divorce cases resolve through a negotiated settlement. 

You are financially vulnerable if you have bank or investment accounts in both names because your spouse may empty them. Depending on the account, you should withdraw half of the money and set up new ones for yourself.  

Non-marital or personal assets are not subject to division. If you have financial resources that your spouse had nothing to do with (you had them before your marriage or inherited them) but you are both listed as the account holders, withdraw the money and put them in new accounts. If the same is true for your spouse (there are joint accounts with assets that belong to them), you should take the high road and leave them alone. 

You do not know what the final division of the marital property will be. At least some money you are moving around may end up with your spouse, so now is not the time for a spending spree. Just the opposite – you should save up for expenses that come with divorce (some you can plan for, others may be unexpected). 

The Beginning of the End and a Start of Something New 

The divorce filing will not surprise most couples because their relationship has broken down, and they can discuss their marriage’s end. If you are surprised, communications with your spouse have probably gone off the rails. You should try to reach out to them and calmly talk about what they want. 

A divorce will end your marriage, but it will start a new and probably better part of your life. Divorce can be a problem when stressful and challenging, but it will not be if the spouses act and make decisions like mature adults. A divorce is also an opportunity to do something new and better with your life. 

Experienced Divorce Attorneys Who Want to Help 

Work with an experienced Karen Ann Ulmer, P.C., family law attorney. Our attorneys have an in-depth understanding of New Jersey and Pennsylvania law and how the courts work. We can help make the process go as smoothly as possible. Call us at (215) 752-6200 or book a consultation online now. 

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Should Virtual Visitation Be an Option?

How can you still spend time with your child even if you can not physically be with him or her? Virtual visitation may be your solution. These visits with your child can include reading books, playing games, listening to your child practice an instrument and many other activities.  

For many of us, work has become virtual. We work at home thanks to computers and keep in touch with co-workers and customers thanks to smartphones and video services like Zoom or Skype. Would the same thing work for child visitation? 

Some of us are more productive employees when we are not commuting to a workplace and avoid the distractions of working in an office. But performing work in one location instead of another is not the same as relating to your child while physically being with them versus seeing them on a computer or smartphone screen. 

What is Virtual Visitation? 

It is contact between a parent and their child by electronic means. Some of the technology that may be used includes: 

  • Email and texts 
  • Video streaming such as FaceTime, Skype, and Zoom 
  • Phone calls 
  • Document and photo sharing  

Virtual visitation should not replace actual visitation. It is an additional way for parents and kids to stay connected when physically getting together is impossible or impractical. 

When is Virtual Visitation Brought Up? 

Virtual visitation proposals may come about in a couple of circumstances. It may be a temporary approach when a parent with visitation rights is dealing with a health or family crisis and cannot physically be with the child. It is a permanent issue when the custodial parent wants to move out of the area and offers this option to keep the other parent in touch with the child. 

When there is court-ordered visitation, and the parent with custody wants to move from the area, the parent with visitation rights could challenge that parent’s ability to live elsewhere or seek custody of the child.  

If the parents cannot come to an acceptable compromise, the issue will be decided in court. The moving parent may propose an altered schedule where the child physically visits for extended periods (instead of a day or two a week) with virtual access for the rest of the year. A judge would decide the issue based on the child’s best interests.  

Is Virtual Visitation Good or Bad? 

Depending on which side you are on, virtual visitation is: 

  • An added extra to “sweeten the deal” that provides the other parent with greater access than what might otherwise be legally mandated. Moves received judicial approval long before the internet and Zoom were developed, and virtual visitations are not explicitly required by statute 
  • A poor substitute for what the parent is entitled to have, which denies the parent and child what they both benefit from the most – a genuine, personal relationship 

As technology improves and people are more willing to move, virtual visitations will become a more common part of the mix when visitations are scheduled. 

How Should Virtual Visitations Be Handled? 

Like all visitations, both parents should live up to scheduled sessions. Virtual visits are far easier than physical ones, so a child may want to interact with the non-custodial parent more often than the schedule dictates. The child may want to chat or share something especially stressful or positive. 

The custodial parent should be flexible and act in good faith. They probably should not limit these unscheduled interactions unless they become a problem (it becomes the child’s excuse not to do chores or homework). If this happens, a frank conversation with the other parent requesting they limit their time online would be a good idea. 

If the virtual visitations become a pipeline the visiting parent uses to alienate your child from you, you should try to stop it. If it continues, taking the issue back to court may be needed to prevent this emotional manipulation from harming your relationship with your child. 

Get the Help You Need From Attorneys You Can Trust 

Visitation is best kept out of the courtroom and left in the hands of those who know the children best, the parents. Karen Ann Ulmer, P.C., lawyers often negotiate practical visitation solutions with attorneys representing the other parent. In more contentious cases, we make the case our client’s approach is in the child’s best interests. 

Work with an experienced family law lawyer from Karen Ann Ulmer, P.C., with an in-depth understanding of the Pennsylvania and New Jersey statutes and court procedures. Call us at (866) 349-4721 or book a consultation online now. 

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What Kids Want Their Divorcing Parents to Know

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You may have difficulty with your feelings during your divorce, but your kids may have a more challenging time. Your family is or will be experiencing significant changes. Everyone benefits when kids are prepared for your divorce. 

What Do Your Kids Want You to Know?  

The University of Missouri has some ideas: 

  • You both should stay involved in their lives. If one or both of you move away, they want letters, phone calls, texts, and questions about who they spend time with and what they like and do not like to do. If you fail to do so, they’ll feel unimportant and unloved. 
  • If you and your spouse argue, you should stop and work hard to get along. Try to agree on issues concerning your kids and their needs. If you fight about your kids, they will think they did something wrong and feel guilty. 
  • They want to love the two of you and enjoy the time they spend with each of you. Support them and the time they spend with each of you. If you act upset or jealous, they may feel the need to take sides and love one of you more than the other. 
  • Communicate directly with each other, so your kids will not be messengers. If you do not want to talk to your spouse in person or on the phone, use text messages and emails. 
  • Saying mean, unkind things to each other in these communications can cause your child to feel like you are putting your spouse down and that you expect your child to take your side. When it comes to communication with your spouse, stick to the point and keep it simple. 
  • Your children want both of you in their lives. They rely on the two of you to raise them, teach them what is important, and help them with their problems. 

Both parents should be empathetic with their kids and look at the situation from their perspective. If you were them, what would you want your parents to do? 

What Do Your Kids Want You to Say? 

Address the most important issues upfront with honest and kid-friendly explanations: 

  • Tell the truth: Explain why you are getting divorced but keep it short so they do not get confused. The fact you and your spouse do not love each other does not mean you do not love your kids. Since your kids may ask both parents the same questions, you should try to agree on consistent responses. 
  • Tell them you love them: With all that is going on, the fact your love has not changed is a powerful message.  
  • Discuss changes: Acknowledge that some things will change, but others will not. Together you will cope with each detail as you go. If the relationship with your spouse has completely broken down and is harming your children, you could honestly tell them some changes will be for the better 
  • Do not blame: Be honest without criticizing your spouse. This can be difficult if your spouse has caused you a lot of pain, but finger-pointing will not help your kids  

How much information is too much? Use your best judgment considering how far your relationship with your spouse has failed, the age and maturity of your kids, and how sensitive they are. 

Get the Help You and Your Kids Need  

Get counseling if you or your kids need it to get through your divorce. Many of our clients benefit from counseling, and getting psychological and emotional support may ease your burdens. We can refer you to excellent counselors if you need help finding one. 

We empathize and care about our clients. We do our part by getting the best possible legal outcomes as quickly as possible. If you have any questions or want legal representation, please contact us here at Karen Ann Ulmer, P.C.

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Can I Get a Divorce if I am Pregnant?

There is no law against getting divorced while you are pregnant. If you are in an abusive relationship and fear your child will be a victim of violence, it may be a reason you want a divorce. If your husband is not the father, it may be why he wants to end the marriage. Additionally, if you are in a relationship that isn’t working and become pregnant, it might be in the best interest of the child to divorce.  

Do Not Put the Cart Before the Horse 

Child custody and support are divorce issues when couples divorce, but only after a child is born. Your marriage could end before giving birth, depending on how quickly you want to divorce and how long you have been pregnant. If that is the case, child support and custody would be formalized after the birth. 

You are free to discuss these issues during the pregnancy and come to an informal agreement. If you miscarry, child support and custody become non-issues. You may or may not know your child will be born with severe medical difficulties or disabilities. If so, you can plan ahead. If not, it can upset planned arrangements. 

Instead of the child going to daycare after a period of time, the child may need full-time attention, and a parent providing that care may be unable to work (or only be able to work part-time). That may result in different child custody and support than what you expected. 

Alimony or spousal support becomes an issue if the full-time caregiver plans to work but cannot. It may result in a spousal support claim, or the amount of support should increase if it is already an issue. 

How is Paternity Established? 

Under the law, the husband is presumed to be the child’s father. If the child’s father’s identity is in doubt, it would be wise for the husband not to acknowledge paternity and ask the court for a paternity test before agreeing to pay child support.  

If the mother is not honest, the husband may spend a substantial part of his income on a child that is not his. There can also be a steep emotional cost for an ex-husband to care for a child he is told is his but later learns that is not true.  

Over time, if the ex-husband continues to behave like a father to a child not his own, and learns he may not be the father, a court may not allow him to challenge paternity and force him to continue support payments. Though this would be unfair to the ex-husband, courts have made this ruling because they see it as in the child’s best interests. 

Experienced Divorce Lawyers 

Your divorce may be more complex than you think. Negotiations resolve nearly all divorce cases. You cannot effectively do this without knowing all the legal and factual issues. There is also an excellent chance you have little or no negotiating experience. Retaining legal counsel could prevent life-altering problems after your divorce. 

Karen Ann Ulmer, P.C.’s experienced family law lawyers have an in-depth understanding of the Pennsylvania and New Jersey statutes and court procedures. We can help make the process go as smoothly as possible. Call us at (866) 349-4461 or book a consultation online now. 

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I Have Been Served With Divorce Papers in Bucks County. What Should I Do Now?

Divorce papers should not be a surprise, though, for some, the fact they have divorce papers in their hands comes as a shock. Whether you expected them or not, there is no need to panic. Collect yourself and call our office so we can talk about your situation. 

If you are in Pennsylvania, you should have the: 

  1. Cover sheet: This tells you what the paperwork concerns, who filed it, and the name and contact information of your spouse’s attorney if they have one.
  2. Notice to defend: It provides information on how to defend yourself and retain the services of an attorney. 
  3. Complaint: This has multiple pages and requests a divorce. It should cover factual details of your marriage, you, your spouse, and your children. It should also have requests covering child custody and support, property division, and alimony. 
  4. Verification page: Your spouse signs this document to state that what is in the complaint is true. 

You may have received the divorce papers in the mail or been given them by a sheriff. 

What Should I Do? 

You can be angry or emotional but do not rip these papers up or throw them away. Do not get angry with the sheriff. They know nothing about you or your spouse, and they are just doing their job. You also should not panic because there is no need for an immediate response, though you should not ignore what is happening either.  

  1. Get information and advice 

Though you have your spouse’s lawyer’s name and phone number, it is not a good idea to call them. Their job is to help their client, not you. Call our office. We will answer your questions about the process, describe your obligations, and tell you about mistakes you should avoid. We can schedule a free consultation if you want to discuss retaining our services. 

We should review the papers to see if you need to respond and, if so, how and when. You should do so if you want to raise new claims (equitable distribution, spousal support, or alimony), which are a part of most divorce cases. 

  1. Take action and get organized 

After talking to us, you may freeze joint bank accounts and secure joint assets. If your spouse kept their desire to divorce a secret, they might have withdrawn money and assets from joint accounts just before you were served. If they cannot be convinced to return your fair share, a judge may order them to return the money or provide spousal support while the divorce proceeds (alimony pendente lite). 

If you are both parents of children 18 or younger (or older under some circumstances), the children must be supported. If the other spouse has financially cut off you and your kids, we should discuss seeking child support. 

If your spouse can access your current email account, you should get a new email address with a new user ID and password to ensure your communications are kept private. You should also get a post office box or a private mailbox at a local provider because you may receive paper documents during your divorce, not just emails. 

If you have not done so already, it is time to collect and organize documents covering your financial situation. Part of the divorce will be equitably dividing marital assets and debts. This includes documents covering taxes, income, accounts (bank, investment, and retirement), insurance, property (real and personal such as vehicles and artwork), information on a business you and or your spouse own, credit cards, debts, and mortgages. 

If you have a child with special needs, organize documents covering their diagnosis, medical bills, and educational needs. Tuition bills are also crucial if your children attend private schools or college. 

3. Get the Help You Need From an Attorney You Can Trust 

If you are served divorce papers, call our office at (215) 608-1867, so we can schedule a consultation to discuss your situation and how we can help. We can speak over the phone, hold a teleconference, or meet in our Doylestown or Langhorne offices.  

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Divorce Settlement Mistakes You Can Make Without an Attorney

Can you write your own divorce? Do you really need a divorce attorney? People hire attorneys because they need help with something they do not feel comfortable doing themselves. Most of those getting divorced should retain legal counsel to protect their rights. We provide advice and counsel to educate our clients and propose courses of action. 

Our attorneys want to prevent mistakes because that is one way we provide value to our clients. It is up to our clients, not us, to decide what direction to take, but if they follow our advice, they reduce the risk of making errors we want them to avoid. 

Most divorce cases settle. For nearly all parties getting divorced, litigation consumes too much time, energy, emotion, and money. The resolution to your divorce will probably be an agreement that will impact you for the rest of your life. It must be in your best interests as much as possible. 

What Divorce Settlement Mistakes Can I Make? 

  1. Do Not Just Settle 

Divorce can create a lot of stress and you may want to put it behind you. We can do that depending on the circumstances and how well the parties cooperate. But the assets you have, any children involved, and the cooperation of your spouse, will all impact how long it will take to reach an agreement. Your spouse may use your urgency against you and propose unreasonable terms hoping you will quickly agree. 

  1. Tax Implications Are Not Considered 

Not all assets are alike, and there are tax implications to the equitable distribution of property. Some assets may be taxed higher than others, impacting their value. If you do not know about tax issues, you may agree to a property settlement that, after taxes, is worth significantly less than what your spouse will receive.  

  1. You Want to Keep the Marital Home. Can You Afford It? 

If you own a house or condo, keeping it may be a goal for many reasons. You may see it as worth giving up your rights to other property to attain it. Is this goal reasonable? Create a post-divorce budget.  

  • What will your expenses and income be?  
  • Will you be able to refinance the mortgage? If so, what will your payments be? If not, what is your Plan B? 
  • Will you be able to pay the utilities, mortgage, insurance, and taxes?  
  • Will you be able to set aside money to pay for future repairs and maintenance? 

Everyone needs a home, but will this one make you so property-rich and cash-poor that you will be forced to sell it after your divorce? 

  1. Your Spouse May Hide Assets 

A complete inventory of the parties’ marital assets is the foundation of fair, equitable property distribution. Do not agree to a settlement if you believe your spouse is dishonest and may be hiding assets. If there are ways he or she may be siphoning off or mislabeling assets, we can get to the bottom of it so we can have clear, reliable information about the property the two of you own. 

Contact Karen Ann Ulmer, P.C., today if you are thinking about getting divorced and have questions or if you have decided it is right for you and need legal representation.  

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How to Get Along With Your Ex

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One benefit of divorcing your child’s parent is that there is no longer the pressure to maintain your marriage. But you should strive to get along well enough to co-parent your children. That is a much less demanding and intense relationship than being married. You do not have to keep up appearances, your kids should understand the situation, and it is much more of a working relationship. 

Sometimes Time Does Heals Wounds 

Here are three reasons from Psychology Today why your relationship could improve: 

  • If the person’s role in your life declines, long-standing frustrations may disappear. You will still be incompatible, but since you are less dependent on each other, those issues are less important.  
  • Over time and with life experiences, everyone changes, including you and your ex. The two of you may become better people who have an easier time getting along. 
  • Instead of seeing yourselves as trying to escape each other, you both see the common goal of raising happy, healthy, well-adjusted kids. You appreciate there are more benefits of cooperation than antagonizing each other.

Your relationship was bad enough not to be married. That does not mean that, as ex-spouses, you cannot work together to be good parents. Your bad marriage may have stressed the two of you out and distracted you so much that your parenting ability suffered. The two of you may be better parents post-divorce. 

Steps to Take to Improve the Relationship 

A divorce is a significant change in your life. The two of you will not instantly lock into doing, saying, and thinking things that will smooth out your relationship. Another Psychology Today article suggests some options:    

  • Be patient. Give each other some time and space to adjust. 
  • Keep your priorities straight: parenting happy and healthy kids, not settling scores or trying to run your ex’s life. 
  • Have a mature and respectful relationship with your ex. If you are still too upset to communicate, use a third party as a go-between.  
  • Lower the heat by refraining from accusations and keeping your voice under control. The past is over. Focus on the future. Look at this as a mature, business-like relationship whose purpose is to achieve goals. 
  • Do not use your kids as pawns in a mind game you want to play with your ex. It will hurt your relationships with your kids and ex. 
  • If you start a new relationship, do not rub it in your ex’s nose. Keep your new partner out of whatever disputes may arise with your ex. 
  • Do not put down your ex in front of others, especially your kids. Be an adult. Move on 

Do not allow uncomfortable feelings about your marriage to rule your life and make you and your ex less effective parents. Learn from the past and take steps now so everyone can have a better future. 

Get Help if the Situation Gets Out of Control 

Most divorced parents work it out and responsibly parent their kids. If your ex is not adjusting to the post-marriage reality and making you and your kids miserable, we can help. If you have any questions or want legal representation, please contact us here at Karen Ann Ulmer, P.C.  

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Locking Down Your Life from Your Ex

Divorce is about change and moving from the marriage that dominated your life to a new chapter. You and your spouse were connected in many ways. Whether you are in the process of divorcing or it is already behind you, you must take steps to be more independent. This is especially true if you have a difficult spouse who may use information against you.  

Should you have keys to each other’s homes?  

Probably not. There are the occasional, genuinely friendly divorces, and you may want your ex to have a key to your home in case of an emergency (or you lose your keys). However, this is generally not a good idea because it creates the possibility of dangerous situations and stalking by someone with whom, in the past, you shared a deep connection. Even someone who seems to have taken the divorce well may harbor serious grudges that could play out in what you think is the security and privacy of your own home. 

Should I allow my ex in my home? 

If you are both parents and want to, at the very least, maintain the appearance of civility, you could allow the other parent to come in momentarily to pick up your kids. If the relationship has broken down, that can be done outside or at a neutral site.  

If you do not want them in your home, clearly communicate that. If they drop by just to annoy (or worse, threaten) you, document what is happening. You could also install security cameras because a picture is worth a thousand words. We could have a protective order put in place if needed. If they are threatening or stalking you, get the police involved. 

Should I change my passwords? 

Yes, especially if the app or website concerns financial matters. Creating a new email address may also be a good idea. If they know the email address you use, unless there is a two-step identification process, they may be able to change your password and lock you out of the account.  

Not only might your spouse access social media accounts and post embarrassing or spiteful content, they could also steal your money. You could lose your job if your ex, using your accounts, posts racist ramblings on LinkedIn or sends a resignation email to your boss. It is a mess you would rather prevent than try to clean up afterward.   

Should I get a new job? 

Many of us meet future spouses at work. We may marry business partners. This may have worked for a time, but keeping your professional and business lives separate during or after a divorce may be too much to ask. 

If you co-own a business, there should be an ownership agreement spelling out how one party can sell their interest to fellow owners or others. Leaving a job you love or one with a lot of potential may be necessary if it is impacting your performance.  

Should you or your ex leave? That is a discussion worth having. Your ex may be more willing and able to go than you, or this may become another test of will to see who can outlast the other (which could get very ugly). 

How many connections should I break? 

You may have any number of things in common. You may volunteer for the same charity, belong to the same religious organization, or like the same neighborhood restaurant. How far you need to go to move on in your life depends on you. Not everyone needs to reinvent their life, but you should make necessary changes to move on after a divorce.  

Contact Karen Ann Ulmer, PC, today if you are considering getting divorced and have questions or have decided it is right for you and need legal representation. If your ex is threatening or stalking you, we can also help you put that to an end. 

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Your Divorce Team

A divorce can be an emotionally difficult time. A supportive network of people can make it easier to manage and help you start your new life. Every team needs a qualified attorney and others who will provide you with emotional support and practical help. Here in Bucks County it can be helpful to have the following individuals on your team:  

Who Makes the Team? 

1. Your Attorney 

Your lawyer is the captain of your team, the trainer in your corner. There is no more critical teammate than the one guiding you through the legal process. It is our job to ensure your legal rights are protected and put you in the best possible position to start your new life. 

Without an attorney, or by retaining one who is learning while they work on your divorce, you could create massive problems for yourself and your kids now and in the future. This process is too complicated, and there is too much at stake to have no attorney, or the wrong one, on your team. 

2. Therapist or Counselor 

A divorce could be one of the most stressful events in your life. However, with the right team on your side, it need not be. A mental health professional can provide you with a confidential and safe space to talk about your feelings and work through your challenges. They can also offer strategies for managing stress and coping with difficult emotions.  

3. A Support Group 

Joining a support group of people who are also going through a divorce can help you connect to others who understand what you are going through. It may be a huge relief to know you are not the only one thinking your thoughts or feeling your emotions. They can support you emotionally and provide you with practical advice on how to handle current and future issues.  

4. A Divorce Coach 

Divorce coaching is part of the larger profession of life coaching. A divorce coach focuses on separation, divorce, and life after divorce. A good divorce coach can help you make sound decisions before, during, and after your divorce, set and achieve goals, and cope with this significant change in your life. 

5. Family and Friends 

Some friends and family members will be better at helping you than others. The better you know and trust the person, the more likely they will be helpful to you. Not everyone will be good in this role, so choose wisely.  

They should be someone you can turn to for emotional support and who will listen to you. Choose someone supportive and nonjudgmental and with whom you feel comfortable talking about your feelings and experiences. Someone who has also gone through a divorce may be particularly helpful.

If you have young children, someone who can help with childcare could greatly help. Having an attorney, divorce coach, support group, or therapist is great, but if you cannot meet with them because you do not have someone to look after your kids, they will not do you much good. 

The attorneys and staff at Karen Ann Ulmer, P.C., understand how difficult a divorce can be. We are privileged to have our clients rely on and depend on us during this critical time. They trust us with this life-changing event, and we work to earn that trust every day. 

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Preparing to Lose Benefits After a Divorce

If you rely on your spouse for health insurance and retirement benefits, losing them will be one of the costs of a divorce. There are also tax benefits to marriage that will end. But your losses may be lessened with planning and the right advice and preparation from your divorce attorney.

Health Insurance 

Most people get health insurance as a workplace benefit. The US Census estimates that in 2019, 55.4% of those with medical coverage got it through the workplace. If you currently work and are covered by your spouse, find out if your employer offers health insurance benefits, and if so, its benefits and costs. If you are looking for a new job after your marriage ends, these benefits may be a key to making a position attractive. 

If your spouse can get health insurance through their job, and you have children, it probably makes the most financial sense to have them covered by these benefits.  

The federal Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) changed the Employee Retirement Income Security Act (ERISA), the Public Health Service Act, and the Internal Revenue Code to require group health plans to provide a temporary continuation in situations where it may otherwise end.  

If you were covered by your spouse’s medical benefits when you divorced, it could continue. But you will pay your entire premium (there will be no employer contribution), and it will not be available forever (it lasts up to 36 months). Because of its expense, COBRA coverage is often a “bridge” to your subsequent, more affordable health coverage. 

If coverage through your job is not an option, you should consider plans available through the Affordable Care Act (ACA or Obamacare) marketplace. If your income is low enough, you may qualify for a subsidy. Your cost will not be affected by pre-existing conditions, but the coverage’s quality,  your age, whether you are covering your children, and your location will impact the premium. You have 60 days from your divorce to enroll. If you miss that deadline, you must wait until the next open enrollment. 

Tax Breaks 

The impact on your taxes will vary. If your income is higher or equivalent to what your spouse earns, you will probably pay a higher tax rate after your divorce because married couples filing jointly usually pay fewer taxes. There is also a larger limit on charitable contributions. If you make substantially less than your spouse post-divorce, you may be in a lower tax bracket and pay less. 

If your divorce was finalized after December 31, 2018, and you pay alimony, you cannot deduct it from your income. If you collect alimony, it is not taxable income. Likewise, child support payments are not deductible and are not considered income for the parent obtaining the support. 

Retirement Benefits 

Retirement benefits like 401(k) accounts and pensions are generally considered marital property, so they could be equitably divided during the divorce. During the divorce process, all marital property is inventoried. A fair amount for each is negotiated by the parties or ordered by a judge after a trial. It is common that instead of retirement benefits being split up, they will stay with the spouse who earned them, while that party gives up an equivalent amount of other assets to make up for it. 

There are many moving parts to a divorce, and the number and size of those parts vary with each couple. Contact Karen Ann Ulmer, P.C., today because we are here to help you with a divorce. If you are considering getting divorced and have questions, or you have decided it is right for you and you need legal representation, call us today. 

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