Filing Taxes After a Divorce

Going through a divorce is stressful for so many reasons. From figuring out how to divide marital assets to coming up with child custody agreements, divorcing couples face their fair share of stressors.

The stress doesn’t end once a divorce is final, either. Filing taxes after a divorce can create a new wave of stress and make you wonder, “Is this ever going to end?”

Discover more about this process to minimize your stress levels.

Choosing the Right Filing Status

When filing taxes after a divorce, one of the first things you must do is select your filing status. It can throw you for a loop immediately.

If you have finalized a divorce, you might automatically assume you should file taxes as a single person or a head of household if you qualify. However, this is only sometimes the case.

Your filing status on the last day of the previous year determines your status. So, if you were still legally married on December 31 of last year, you’ll have to set your filing status as:

  • Married filing jointly
  • Married filing separately

You might also be able to file as a head of household if you meet specific requirements.

Ideally, you and your ex-spouse should have a plan for filing taxes following your divorce if you must file them together. Include this plan in your divorce agreement to avoid miscommunications.

You should also remember to use the Internal Revenue Service’s Tax Withholding Estimator to change the amount of money you withhold from your paychecks to cover taxes. This will account for taxable income adjustments when filing taxes after a divorce.

Claiming Dependents Properly

When you and your former partner were married, you could both claim the children you share as dependents. Once you’re divorced, this isn’t an option.

In your divorce agreement, you and your ex hopefully decided who is going to claim each child for tax purposes. Sometimes the parent who has primary custody of the children will claim them as dependents, giving them access to the Child Tax Credit. In other instances, parents create complicated schedules that switch year to year, or sometimes, in cases of multiple children, each parent claims a child (or two). Whatever you decide, you must follow your agreements.  

In some rare instances, divorced parents might qualify for dependency exemptions that allow them both to claim children when filing taxes. Speak with a tax professional if this is a possibility.

Taking Other Factors Into Account

A couple will go their separate ways at the end of a divorce, but before doing so, they will divide their marital assets and iron out issues like child support and alimony. One spouse might also be required to provide a portion of their retirement plan balance to the other spouse under a qualified domestic relations order (QDRO).

In these cases, child support and alimony tax implications are usually present. Property division taxation issues might also pop up. Those who receive payments under a QDRO might also face substantial tax bills.

Enlist the services of a reputable divorce attorney to help you make sense of a stressful situation.

Still Confused About Filing Taxes After a Divorce? Give Us a Call

Filing taxes after a divorce might make you relive the stress of separating from your ex-spouse. If you have questions about proceeding, don’t hesitate to call Karen Ann Ulmer, P.C., for assistance.

Contact us at (866) 311-6082 today.

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Prenups and Alimony: What You Need To Know

More Americans are open to signing prenuptial agreements than ever before.

A 2023 Harris Poll revealed a surprising statistic: About half of adults would consider signing prenups if their partners asked.

Will you and your soon-to-be spouse sign one? Before you enter into an agreement, learn about some key factors pertaining to prenups and alimony here.

Featuring Alimony Provisions in Prenups

Technically, couples on the verge of marriage don’t have to include alimony provisions in their prenups. They can sign spousal support waivers that rule out the possibility of alimony if the couple divorces.

However, it is almost always a bad idea to do this. Even if you’re in a fantastic financial position right now, you can never know whether that will still be the case in the future.

You might decide to quit a well-paying job to become a stay-at-home parent. Or, your spouse may work their way up the ranks to become the CEO in a decade.

In these cases, you and/or your spouse might wish you had created a prenup that included alimony. Do it from the beginning to avoid regretting not doing it later.

Considering the Right Factors When Including Alimony Provisions in Prenups

Couples should not simply include standard alimony provisions in prenups. They should put serious thought into prenups and alimony and generate provisions customized for their relationships.

As you and your significant other put together a prenup, keep these factors in mind:

  • Your income and any income disparity that exists
  • Your current lifestyle, as well as any lifestyle changes you may see on the horizon
  • Your state law requirements regarding prenups

A prenup isn’t designed to put either spouse in poverty in the event of a divorce. Instead, it’s a tool couples can use to ensure they’re both still able to meet their financial obligations if they choose to go their separate ways.

Ensuring Prenups and Alimony Provisions Are Enforceable

Prenuptial agreement enforceability is another factor that should weigh heavily on your mind when creating a prenup. Make sure you create a legally binding document with assistance from an attorney with extensive experience developing prenups.

This lawyer can help cover all your bases while creating a prenup with alimony provisions. They can also explain other aspects outside of alimony provisions, such as marital property rights.

Contact Our Law Firm To Begin Piecing Together a Prenuptial Agreement

At Karen Ann Ulmer, P.C., we firmly believe prenups and alimony should go hand in hand. If you’re planning a wedding and open to piecing together a prenup, we would love to help you do it.

We can make the premarital agreement process more manageable and ensure your prenup is enforceable should you need to rely on it in divorce court. We can also clarify any confusion about prenups by discussing their purpose further and addressing pressing questions and concerns.

Call us at (866) 311-6082 today to speak with a trusted attorney.

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File First or Negotiate First?

After coming to terms with a divorce, the next part of the process is the negotiation stage. You may find yourself preparing mentally by asking questions as you try to determine a proper course of action. One critical part of this process is the initial filing. If you’re wondering, “Should I file or negotiate first?” you’re not alone. This question looms over many divorcees as they anticipate how the process will play out. Considering the psychological and legal ramifications will help you understand the advantages of filing first. 

You’ve Reached an Agreement, Now What?

If you’ve reached an agreement with your spouse, congratulations. You’ve arrived at the first step of the divorce process: filing the divorce petition. So, should you file or negotiate first? There are myriad psychological benefits to consider. The planning stages provide you with a strong foundation to move forward with purpose. You may also experience an immediate surge of confidence when you file first. Taking this huge step in your divorce proceedings is liberating and can strengthen your resolve. 

The phrase, “strike while the iron’s hot,” rings true when considering the benefits of filing first. This decision is an important part of your strategy, allowing you to take matters into your own hands and proceed with fortitude and determination. In this case, your opponent is your spouse, and like a good game of chess, catching them off guard will only serve to your advantage. After all, you’ve already prepped with careful planning, making certain your financial and other legal concerns are in order. You’ve likely spoken with a qualified alimony attorney to help you understand the mediation process. Throughout your divorce proceedings, your attorney will help you properly negotiate to your benefit, giving you an even greater edge.

The next consideration for whether or not you should file first is thinking about the opportunity it will give you to fortify your assets. You and your partner’s shared assets must be legally separated, including all physical assets and joint personal finances. In this instance, seeking legal advice ahead of the filing will help you protect yourself and adequately set you up financially for life after divorce. 

Why You Should Consider Filing First

Now that you’ve pondered, “Should I file or negotiate first?” the decision depends on your unique situation. Preparing for this critical step by conferring with legal counsel will help you navigate the timing, present you with options, and prepare you for your next stage in life. When you take the step to file first, you’re making a power move. By taking control of the process before your spouse does, you may secure benefits that you might not gain otherwise.

Book a Consultation Today

A consultation with Karen Ann Ulmer, P.C., can help you protect your rights and determine an appropriate course of action if you’re questioning whether you should file or negotiate first. Our team of family practice attorneys serves Pennsylvania and New Jersey. We’re dedicated to providing solutions to our clients. Book your free consultation today, or contact us at (866) 349-4117.

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The Role of Experts in Child Custody Cases

Following filing a child custody case, the court has limited information about the case, which often leaves parents feeling confused and unsettled. A judge’s knowledge only extends as far as the custody disagreement. It then becomes the court’s responsibility to thoroughly review all case-related information to determine the proper course of action. They accomplish this task with the assistance of court-assigned experts. These court appointees serve different roles and administer three types of evaluations: custody, psychological, and parental fitness.

The Role of Experts in Administering Evaluations

Input from experts who serve as critical evaluators in child custody cases helps the court navigate the case’s complexities. These valuable professionals include psychologists and counselors; they are responsible for determining which parent is suitable as the child’s primary custodian. In addition, they also make recommendations regarding which parent should have the right to make decisions and whether the judge should award joint custody.

Three Types of Evaluations

Three types of evaluations administered by court-appointed experts are critical in child custody cases.

1. Custody Evaluations

In child custody evaluations, court-appointed experts address the parents’ child-rearing capabilities, as noted by the American Psychological Association (APA). When psychologists work alongside other mental health professionals, like counselors, the counselors often serve as mediators. Next, the psychologists administer psychological testing to both parents so the court can determine each parent’s child-rearing style. The tests assess both parents’ temperaments, character, and cognitive abilities. The purpose of the testing process is to determine whether the parents are psychologically competent to foster the child’s continued growth and development. 

2. Psychological Evaluations

During a child custody case, psychological evaluations are also essential tools; they help court experts determine undiagnosed mental health issues and other problems that might impact the legal outcome. Psychological evaluations give the court insight into whether the parent is mentally fit enough to care for the child. If the mental issues are severe, these parents are typically not awarded custody.

3. Parental Fitness Evaluations

In rare cases, experts recommend parental fitness evaluations to assist the court in determining whether a parent-child relationship is appropriate. These evaluations are typical in situations involving child abuse, domestic violence, and substance abuse. In these cases, expert witnesses help decide what the child needs. For example, following a parental fitness evaluation, the court-appointed psychologist determines whether a parent should be allowed supervised visitation with their child.

Karen Ann Ulmer, P.C. Can Help

Each child custody expert is essential in cases where parents are at odds over who should care for their children. Using thorough evaluations, they provide unbiased testimonies to help the court make informed decisions. Ultimately, their work assists the judge in determining the familial arrangement that best serves the child’s interests.

If you have questions about your child custody case, contact Karen Ann Ulmer, P.C. today. Our experienced team of attorneys is highly qualified to walk you through the complexities of your legal casework to support your child’s well-being. Call or text us at (866) 349-4117. You can also book a free consultation by filling out our online form.

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Grieving After Your Divorce

After going through a divorce, friends and family routinely ask if you’re “relieved” that the process is over. You might smile and nod, wanting to be agreeable. However, the truth for many people is that “divorce grief” is real and very present for a long time after the fact.

This is your reminder: it’s perfectly normal to feel emotions similar to mourning and loss after your divorce becomes final. 

Read on to learn more about healing from a divorce and how it may look for you.

Why You May Feel Grief After Divorce

Even though you may feel initial relief at ending a stressful marriage, sadness often turns into grief soon after signing the paperwork. First and foremost, understand that strong feelings are normal. After all, you’ve lost something in the divorce. 

Almost nobody marries with the expectation of divorcing years later. Some common feelings people contemplate at this time include:

  • Losing the hopes and dreams you had for your marriage together 
  • Recognizing your life with your spouse is forever altered
  • Being fearful of the future
  • Worrying about losing time with your children. 

During this period of divorce grief, some ex-spouses may even regret divorcing. All these feelings are normal and part of the process of moving on.

What Triggers “Divorce Grief?”

When you are grieving, a sudden swell of emotions can catch you off guard. You might walk past a restaurant you both loved in happier times and feel overwhelming sadness. You might see your spouse enjoying time with the children and feel a great sense of loss.

Even something as simple as sorting and keeping divorce papers can spark feelings of grief, so keep track of these triggers. Friends or family can support you as you meet tough situations and work through hard feelings.

How Long Does the Grief Last After a Divorce?

According to Psychology Today, the grieving process after your divorce lacks a specific timeline. Everyone reacts differently, from a few weeks of grieving to several months or years after the breakup. Being honest with yourself about your emotions is a key step in moving forward, so give yourself time to process all your emotions, including grief. 

One of the ways to move forward is creating new memories and experiences, whether it’s trying a new restaurant or volunteering your time at a new organization. Friends and family naturally will check on you and support you in the first few weeks after a divorce. Don’t let them drift away if you need more help processing your grief – ask for help and support for as long as you need it!

Karen Ann Ulmer, P.C., Supports You Legally and Emotionally in Your Divorce

It’s important to realize that your emotional recovery is important after the separation and divorce. It requires an adjustment on your part to move forward with your life. The stress of the divorce process needs time to work through and settle.

Karen Ann Ulmer, P.C., can help legally during your divorce proceedings and chat with you about dealing with “divorce grief” constructively. Call us today for a confidential consultation at (866) 349-4461.

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Seeking Revenge Through the Divorce Process Can Be Costly

People go through a variety of big emotions during the divorce process. Although anger is a common emotion, it shouldn’t solely drive your reasons for seeking divorce.

Are you angrily filing for divorce right now to seek revenge? Read on to learn why that approach may end up being costly for you.

Harming Your Chance of a Fair Financial Settlement

If you are filing for divorce to gain revenge on your spouse, will it affect your financial settlement? Almost certainly, yes.

Pennsylvania divorce laws don’t specifically call for penalties against a spouse engaging in spiteful behavior. However, a judge could treat your claims for alimony with more scrutiny if revenge is in focus. When letting anger guide your actions, someone might choose to fight every suggestion for mediation a spouse makes, and while it’s their right to use litigation to try to receive a fair settlement, it wastes everybody’s valuable time.

You may believe you’re harming your spouse by refusing to participate in mediation. In reality, you’re harming your own position more. Typically, participating in mediation goes faster and costs you less in legal fees in the long run.

Costing You More Than Just Money

If you have children and mutual friends, trying to gain revenge on a spouse through the divorce process can be extremely stressful for these other parties. They may feel like they’re stuck in the middle of a tug-of-war that makes little sense from the outside. When you have clouded judgment because you’re focused on revenge, you may not be able to see: 

  • How you’re affecting your children’s well-being
  • How you’re manipulating your children or loved ones without even realizing it

Some friends will be able to see through the actions you’re taking if you are focusing on revenge. What if they side with your spouse when you are clearly being spiteful and unfair during the divorce proceedings?

We’re only human. If you are going through the divorce proceedings with anger and revenge as your primary driving factors, you may also lose control of your emotions more easily. With the temptation to do almost anything to avenge your failed relationship, ethical behavior may feel like a gray area – and that’s always risky in the divorce process.

If a judge learns that you are lying about your spouse’s actions, you could open yourself up to legal problems and lawsuits. It’s best to sit back and let your divorce attorney do the talking.

Let Karen Ann Ulmer, P.C., Help You Navigate the Divorce Process Calmly

Did your spouse cheat on you, lie to your face, or betray your trust in some way? You have every right to be angry, but using revenge as your reason for filing for divorce doesn’t help your case in court.

Take a deep breath, and have a confidential discussion with Karen Ann Ulmer, P.C., before you file for divorce. It’s important to go through your divorce process for the right reasons. To learn more about affording a divorce or what to expect, call (866) 349-4117 today.

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Legal and Illegal Prenuptial Agreements

Creating a prenuptial agreement before a marriage is an excellent idea. It protects your interests in the event that you and your spouse divorce down the line. It also prompts you and your spouse to communicate about important issues like finances, property, and shared bank accounts. 

But you must understand the difference between a legal and illegal prenup to ensure that yours holds up in court. Know what you can and cannot include in a prenuptial agreement under Pennsylvania law and how to validate one. 

What Items Can a Prenup Include?

One way to ensure a legal and valid prenuptial agreement is to address only the specific items that can be covered in these agreements. Typically, you can include provisions about all of the following in a prenup: 

  • Asset division: Distinctions about marital vs. separate property in a divorce, including what happens to shared property, what property will stay separate, etc. 
  • Spousal support: Whether one spouse will owe the other spousal support, waiving future requests for spousal support, the minimum or maximum amount owed, etc. 
  • Providing for children from previous relationships: If one spouse has a child from a previous relationship, the prenup can include provisions for how both partners will financially provide for them and what assets (if any) the child would receive in a divorce. 

Meanwhile, a prenuptial agreement generally cannot protect any of the following: 

  • Child custody and support: Your prenuptial agreement cannot include terms regarding child support or custody. The court will decide these matters in the final judgment based on the child’s interests, not the parents’. 
  • Financial incentives for divorce: The prenup cannot encourage divorce in any way, such as providing a financial incentive for filing for divorce
  • Day-to-day household matters: This agreement shouldn’t cover any day-to-day household matters like who will complete certain chores, how you will raise children, what religious beliefs you will adhere to, etc. 
  • Anything inherently unfair: Prenups should spell out terms that are fair and just for both spouses and should not explicitly favor either spouse. Attempting to enact unfair terms could lead to a contempt of court charge in a divorce. 

How Do You Validate a Prenuptial Agreement? 

Take these steps to ensure that your prenuptial agreement is valid: 

  • Put the agreement in writing. Oral prenuptial agreements are never valid. 
  • Ensure full disclosure: You and your spouse must fully disclose your finances to ensure the prenup will hold up in court. 
  • Have an attorney draft it. Don’t create a prenuptial agreement without the help of an attorney. Better yet, you and your spouse should enlist separate attorneys to support your interests. 
  • Notarize the agreement. Have a notary sign and validate the prenup and give you a certified copy. 

Karen Ann Ulmer, P.C., Offers Support With Prenuptial Agreements 

Do you need help distinguishing between a legal and illegal prenup and ensuring the validity of your agreement? Karen Ann Ulmer, P.C., can help you draft a prenuptial agreement that will hold up to court orders, enforcement actions, and legal scrutiny. Contact us today at (866) 349-4117 for a consultation. 

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Follow Your Divorce Decree to the Letter

Your divorce decree exists for a reason. It provides tangible evidence of the terms your spouse agreed to in the divorce. 

You may be tempted to give your spouse wiggle room when it comes to alimony payments, child support, or asset distribution. However, straying from the divorce decree may only hurt your financial outcomes and encourage more shady behavior from your spouse moving forward. 

Is a Divorce Decree Legally Binding? 

Your divorce decree is the legal document that marks the end of your marriage. It also spells out important details about child custody, spousal support, asset division, and visitation guidelines. 

Divorce decrees aren’t mere suggestions for how to behave after a divorce; they are legally binding. Your ex-spouse is required to follow these rules to a T. If you start giving them leeway now, they will only continue taking advantage of you. Worse, the court will assume that you were okay with their behavior, harming your ability to file a motion for contempt of court in the future.  

Once your divorce is finalized, go to the family court clerk’s office and request a certified copy of your divorce decree. Keep it on hand and ensure your spouse’s adherence to every term. 

Enforce the Elements of Your Divorce Decree Precisely

Ensure that your ex-spouse follows all of these aspects of your final judgment closely:

  • Sends alimony and/or child support payments on time according to the timeline in the decree
  • Adheres to all custody times precisely
  • Divides assets in accordance with the decree
  • Sells the house promptly

What If Your Spouse Refuses To Follow This Court Order? 

Your ex-spouse cannot simply refuse to follow the terms of your divorce decree. If they disagree with any of these terms, they will need to request a modification with the court. This is a legal process. 

If you do not agree with their modification request, they will need to present their reasoning in court and allow a judge to decide whether to grant it. Unless your ex-spouse’s requests are reasonable, the judge probably won’t grant their wishes.

Should your ex-spouse violate the divorce decree and not seek a modification, you can file a motion for contempt of court or request an enforcement action. This prompts the court to assess their actions and intervene. If your ex-spouse is found in contempt of court, the court can: 

  • Impose fines
  • Issue a warning
  • Create a new order that makes up for their non-compliance
  • Order your ex-spouse to comply by paying the support they owe, plus attorney’s fees
  • Impose jail time

Your first step should be to have your attorney contact your ex-spouse’s attorney and warn them about your intention to file for contempt of court. 

Contact Karen Ann Ulmer, P.C., for Divorce Assistance 

Do you need help enforcing your divorce decree? Karen Ann Ulmer, P.C., offers compassionate legal support throughout the divorce process. We can help you file a motion for contempt of court or request an enforcement action to prompt your ex-spouse to adhere to your divorce decree. 

Contact us today at (866) 349-4117 for a confidential consultation. 

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Financial Problems in a Divorce – Financial Abuse

One of the more challenging steps in the divorce process is separating your finances from your spouse’s. Nearly every divorcing couple in Bucks County experiences some tension around the division of assets. However, some individuals exhibit abusive behaviors that make this process more arduous. 

Knowing what constitutes financial abuse can help you recognize and address these financial problems in a divorce. You have the right to equitable distribution of property. If your spouse has begun stealing money from your accounts or otherwise tampering with your finances, contact an experienced divorce attorney for help. 

Examples of Financial Abuse in a Divorce

Financial abuse can take many forms in a divorce process. Watch out for any of these shady tactics from your spouse: 

  • Hidden assets: Your spouse may have started transferring money to a private account to exclude it from the property division process, essentially stealing it from your shared account.
  • Running up legal bills: They may use your shared bank account to run up legal bills or even call your attorney incessantly to increase your legal costs.
  • Using a higher income as leverage: If your spouse makes more money than you, they may try to hold that over you to gain leverage in the divorce.
  • Racking up debt: The debt allocation process usually requires divorcing couples to split debt equitably. Your spouse may rack up more debt before the divorce to increase your financial burden. 
  • Wrecking your credit: Any irresponsible behaviors on your spouse’s part could harm your credit, making it more challenging for you to secure loans or other financial opportunities in the future.

How To Navigate Financial Problems in a Divorce

You don’t have to stand by and watch your spouse use abusive tactics to control your finances. You can navigate financial problems in a divorce with these tips:

  • Retain your own attorney: Never share a divorce attorney with your spouse. Retain an attorney who can support your interests and help you achieve a fair outcome. 
  • Limit bank account access: If your spouse currently has access to your private accounts, contact your bank immediately to start the process of removing their access. 
  • Keep records of your spouse’s behavior: If your spouse has been withdrawing money from your accounts, take screenshots of their activity and keep them on file. The more evidence you have of their actions, the more leverage you’ll gain in your divorce proceedings. 
  • Document your finances: Gather documentation for all of your bank accounts, deeds, life insurance policies, and car titles to show in court.  
  • Enlist the help of a forensic accountant: Forensic accounting can uncover your spouse’s abusive financial activity. 

Let Karen Ann Ulmer, P.C., Help You Protect Your Finances in a Divorce

Is your spouse using shady tactics to gain economic control in your divorce? At Karen Ann Ulmer, P.C., we help clients protect their rights in the PA divorce process. We make it easier to navigate the division of assets, spousal maintenance, and other financial problems in a divorce while promoting an equitable outcome and prioritizing your interests. 

Contact us today at (866) 349-4117 for a general consultation. 

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PA Divorce – Forced To Pay for College?

Divorcing your spouse raises many questions about how you will handle future tasks involved in raising your child. One important question you need to consider now is: “How will we handle paying for our child’s college education?”

Some states have laws requiring parents to contribute to payments for higher education. Learn how these laws affect your PA divorce and other considerations you should discuss now. 

Does Pennsylvania Require Divorcing Parents To Pay for Their Child’s College?

Twenty-four states across the U.S. — including New Jersey and New York — have laws about parents financially contributing to a child’s higher education, but Pennsylvania is not one of them. This means that in a divorce, neither parent will have a legal obligation to pay for or contribute to a child’s college education. Instead, you’ll look to your divorce agreement to determine how to approach this matter. 

You and your soon-to-be-ex-spouse have the right to determine how you will split future financial endeavors involving your shared children. If you cannot agree on these issues, a judge may help you decide when creating your parenting plan. It’s always better to work out an agreement on your own or with an attorney instead of letting a judge decide for you. 

Creating a Parenting Plan That Includes College Tuition 

When you work with an experienced Pennsylvania divorce attorney, they can help you create a reasonable parenting plan that covers how you and your spouse will handle financial contributions for college. This agreement must hold up long into the future, which can be challenging. You’ll need to be as specific as possible to avoid confusion and disagreements down the line.

Be sure to discuss all of the following when creating your parenting plan: 

  • Type of school (private or state)
  • Textbooks, room and board, and other expenses
  • University vs. trade school

What If You Don’t Discuss College in the Parenting Plan? 

If your child is only a few years old at the time of your PA divorce, their college education may be the furthest thought from your mind. So, what happens if you fail to address this matter in your parenting plan? 

You and your child’s other parent can attempt to reach an agreement privately about how you will split college expenses, but this may not be wise. It’s better to create a written agreement and sign it in the presence of a notary. 

You can modify your parenting plan by filing a motion with the court. The court can intervene if both parents do not consent to the modification.

Remember that child support obligations only extend until a child turns 18 in Pennsylvania. You may decide to purposefully leave college out of your parenting plan and agree that your child will pay for their own college. Whatever you do, discuss it now to avoid headaches later on. 

Seek Assistance With PA Divorce Agreements From Karen Ann Ulmer, P.C. 

Do you need help drafting a divorce agreement, understanding equitable distribution in a divorce, or determining the custodial parent? Karen Ann Ulmer, P.C., offers compassionate legal support through your entire divorce. Call (866) 349-4117 for a confidential consultation.

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