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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How Can I Legally Change My Name?

If you are going through a divorce, you can legally change your name through the divorce process. There is a separate procedure for name changes that are not divorce-related. As long as you meet the requirements and the paperwork is in order, it should not be a problem.

As Part of a Divorce

You can regain your maiden name during a divorce. Under Pennsylvania statute 54 P.S. § 704,

“Any person who is a party in a divorce action may, at any time prior to or subsequent to the entry of the divorce decree, resume any prior surname used by him or her by filing a written notice to such effect in the office of the prothonotary of the county in which the divorce action was filed or the decree of divorce was entered, showing the caption and docket number of the proceeding in divorce.”

In New Jersey, you could retake your maiden name as part of the divorce or afterward.

  • You should include your request in the initial complaint.
  • If you do not do so, you can later change (or amend) the complaint to do that or seek the change by verbally asking the judge before they finalize your divorce.
  • If you continued to use your spouse’s last name after the divorce was final but changed your mind later, you could file a post-judgment motion with the court. There is a filing fee, but this is simpler than the process for a civil name change.

Outside a Divorce

If you are not getting a divorce, there are some limits to changing your name or that of a minor child:

  • It must be for a legitimate purpose.
  • You cannot have certain criminal convictions, such as voluntary manslaughter, murder, rape, statutory sexual assault, involuntary deviate sexual intercourse, aggravated indecent assault, sexual assault, or robbery.

The petition for a name change would be filed with the civil court in your county. There is a filing fee, and you will need copies of your fingerprints which you can get at the local police department. There should be a hearing for the petition within one to three months after filing.

Before your hearing:

  • A notice will be published in the local newspaper of general circulation and county law reporter.
  • There will be checks by the Prothonotary’s office for any pending civil matters, the Clerk of Courts will see if you are facing criminal charges, and the Recorder of Deeds will look for property issues you are facing.

If you are seeking a name change for a minor child:

  • The same publication requirements apply.
  • You must prove you served the petition on the other parent.

If the other parent disagrees with you, the court will decide the issue after a hearing with both parents. To succeed at the hearing, you must convince the judge the name change is in your child’s best interests.

What’s Next?

Once you have a signed/certified order granting the name change, head to the agencies and companies you deal with:

  • Social Security office
  • Department of Motor Vehicles
  • Banks
  • State and federal taxing authorities
  • Your insurance agent
  • Utilities
  • Stockbroker
  • Internet/phone service provider
  • Employer

This is part of re-starting your life with a new name.

EXPERIENCED CHANGE OF NAME LAWYERS

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. 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 You Change Your Name After Your Divorce?

If you changed your last name to your husband’s when you married, you might be considering changing it back to your maiden name after your divorce. Depending on your situation, there are pros and cons to a name change. 

Fresh Start 

Dropping your ex-spouse’s name creates a firm break from your past married life. Taking your spouse’s name symbolized you were one unit. Changing your last name shows you are no longer emotionally, legally, or financially connected. You are independent, and your marriage is over. If you are having a difficult relationship with your ex-spouse, it may be additional motivation to change your name. 

Does Your Maiden Name Reflect Who You Are? 

You should be proud of this new, post-divorce you. You are not the same person you were during your marriage. Life after your divorce is a new chapter. Changing your name, where you live, and even new clothes may be part of your emotional makeover. 

Will a Name Change Cause Confusion in Your Professional Life? 

If you work professionally, own a business, or are successfully moving up in your industry, you have a personal brand you need to maintain. You want people to think specific positive thoughts when your name comes up in conversation, or you meet them. Changing your name can confuse those you work with or connect with.  

However, this change should be manageable. Businesses often rebrand themselves, their products, and their services. Do you drive a Nissan? Back in the day, it was a Datsun. Blue Ribbon Sports is now Nike. Divorces are common, and changing your name is not something negative. Consider making it positive by creating a reason to reach out to these people, give them an update, and engage in a conversation.  

Will It Impact Your Children? 

You could change your last name, but your children could have their father’s last name. If your kids are young, maintaining your ex-spouse’s last name may be more practical and easier. You can always change it later. 

Which Name Do You Like More? 

Do you have a preference? You might not like your maiden or married name for many reasons. It may be very long, difficult to spell, or not very flattering. You might not have enjoyed being Ms. or Mrs. Butts, Crump, or Gopnick. You may be tired of spelling out “Krzyzewskewicz” to people. You have options. 

Changing Your Name and Bill Collection 

Some people leave their marriages deep in debt, and if they have been out of the workforce for a long time, their job and income prospects might not be good. Bill collectors use many methods to find debtors. As part of the name change process, you will need to publish a notice of your name change. Thanks to that notice, the internet, the amount of publicly available information about you, and special databases used to find people, going back to your surname will not help. 

If you have questions about the name-changing process, call us at (215) 607-2893 or fill out our online contact form. 

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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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Hiding Marital Assets: Do the Numbers Add Up?

Divorce in New Jersey and Pennsylvania involves the equitable division of marital assets. If one spouse wants to keep more than their fair share, they may resort to hiding assets. This not only goes against family law and court procedures but, depending on the circumstances, could lead to criminal charges. So, how do you know if your spouse is hiding assets from you?  

We see the best and worst in divorces. Some couples understand they are no longer a good match. They amicably and respectfully work with each other and go their separate ways. On the other end of the spectrum are those who see divorce as a battlefield where rules don’t apply to them, and they will do all they can to come out ahead. These are the people who hide assets. 

What is Marital Property? 

Marital property includes the property either spouse acquires during the marriage or with funds earned during the marriage. It also consists of the increased value of non-marital or personal property up to separation. It is not always clear when an asset is marital because couples may mix personal and marital assets during the marriage. 

What is the Equitable Distribution of Marital Property? 

Part of ending a marriage is equitably, or fairly, dividing marital property and debts. This does not mean assets will be evenly split. Usually, part of negotiating this issue will involve alimony payments. One spouse may be willing to get fewer assets in exchange for higher alimony or vice versa. Pennsylvania statute spells out several factors to be considered when dividing marital property.  

Why Would a Spouse Hide Marital Property? 

The spouse may try to keep as many assets as possible by misclassifying marital property as personal or hiding assets, so the other spouse does not know about them.  

How Could a Spouse Hide Marital Property? 

Their efforts are only limited by the spouse’s imagination. It is easier to do if the spouse owns a business, the couple has a lot of assets, or the spouse manages the family’s financial matters. Some common ways to shield assets include: 

  • A spouse may try to move cash from personal to business accounts if they own a business. The spouse may try to delay large contracts until the divorce is complete. The company may create “ghost” employees who do not exist or bogus expenses or asset purchases. What would appear to be a business expense is transferring money into bank accounts controlled by the spouse. A business could also make a fake loan to an entity that is just a front for the spouse. 
  • Money and other assets could be transferred to family or friends.
  • A spouse may set up investment accounts and buy stocks or other investments in their name only and not tell their spouse. 
  • Physical assets like cars, artwork, or jewelry may be undervalued. If the other spouse accepts these estimates as accurate during the negotiation and the person keeps them, they are getting more value than they deserve. 

If your spouse has lied to you about other aspects of their life, the fact they are hiding property should not be a surprise. 

How Can We Find Hidden Marital Property? 

If you have worked on as many divorce cases as we have, you develop an awareness of how a less-than-honest spouse may operate. Hiring a forensic accountant can be a good investment if your finances are complex or a business is involved. 

Our most important information source is you. You can tell us about your family’s income, assets, and family-owned business. You can supply us with copies of documents establishing your family’s assets and your tax returns. 

During conversations with your spouse or while negotiating a divorce settlement, you need to tell us if what we are told does not make sense. There is no point in dealing with a spouse acting in bad faith. 

After the divorce complaint is filed, we can request information and documents from your spouse and their business. We can ask them questions during a deposition. Information and documents we obtain could be sent to an accountant for analysis. 

Are There Penalties for Hiding Assets? 

If a spouse is violating court rules and orders, a judge could take action in response. They may order the offending spouse to pay a larger share of their assets than if they acted honestly and order that they pay for our investigation and attorney time spent uncovering hidden assets. 

The police could get involved if your spouse went so far as to commit crimes like forgery. If a spouse secretly makes money “off the books” without paying taxes, state and federal taxing agencies might be interested. 

If you have any questions about equitable division or believe your spouse is hiding assets, please contact us here at Karen Ann Ulmer, P.C. We can discuss this and how we can help you through the divorce process.  

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What is a Child Custody Evaluation? How Does It Work?

If you and your child’s other parent cannot agree on a custody and visitation plan here in Bucks County, a judge may order a child custody evaluation. It involves a mental health expert, usually a psychologist, who will evaluate your family and recommend a custody/visitation or parenting plan to the court. It is not something to fear, but you should understand and prepare for it.  

What is a Child Custody Evaluation? 

After gathering and evaluating information about your family, the evaluator will recommend a plan to the parents and the court. The parties may have evaluations done; the court will order one with an evaluator of their choice, or both. 

Ideally, you and your ex-spouse will use the recommendation to reach an agreement. If not, the judge can use the evaluation and other evidence to write a custody/visitation order for your family.  

What is the Evaluation Process? 

Not all evaluators use the same process, but there are certain things you should expect in your evaluation. They include: 

  • Two to three interviews with each parent 
  • At least two interviews with each child 
  • Observations of the children with each parent 
  • A review of court filings and other written information 
  • Contact with other sources (therapists, pediatricians, teachers, daycare staff) 
  • A written report recommending custody/visitation rights and schedules addressing the significant concerns raised by the parties 
  • Possible psychological testing or questionnaires about your emotional functioning or parenting style 
  • A visit to each parent’s home 

Be cooperative and facilitate the evaluation the best you can. 

What Should I Tell My Children About This? 

If they do not already know, you should tell your child that there are conflicts between the parents and that they have different views about how much time each should spend with the children. The evaluator is involved to learn more about the family, help them reach a resolution, and suggest ways they can be better parents.  

You should reassure your child that both parents love them and that they will both be part of their lives. You should also tell your kids to bring up any concerns they have, ask questions, and honestly answer those posed by the evaluator. 

How Should I Approach the Evaluation? 

We will discuss it before the evaluation takes place and prepare you for it. You should ask us any questions you have. The evaluator wants to understand your family, its dynamics, and relationships. You should relax as much as possible and be honest. Your job is to talk about yourself and describe the situation as it pertains to what is in your child’s best interests, not to put on a show for the evaluator. 

Be open and honest. If asked, do not be afraid to say negative things about yourself or your parenting skills. But put your situation in context. Tell the evaluator what you learned and how it helped you be a better parent. 

Be open and honest about the other parent. If you just criticize them, the evaluator will not think you are being honest or credible. It is best to be truthful, even if that includes saying positive things about the other parent.  

If things about them concern you, say why, and discuss specific incidents or occurrences that support your feelings. Just accusing the other parent of being too angry or controlling without anything to back it up will not help you. To the best of your memory, give specific reasons why you have certain fears or feelings about the other parent, given that the outcome should reflect your child’s best interests. 

Get the Help You Need From an Attorney You Can Trust

If you are considering a divorce or filing for custody of your child, call our office at (215) 608-1867. A custody evaluation may be part of the process. We will explain it, help you through it, and use the recommendations to help you achieve your goals. We can speak over the phone, via a teleconference, or meet in our Doylestown or Langhorne offices. 

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You Thought It Would Be Over, But the Abuse Continues

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You suffered abuse while you lived together. Now you are separated. You might be going through the divorce process, or you have completed it. You have taken multiple steps to put this nightmare behind you. But your ex just can not let go of degrading or demonizing you.  

The Abuse Can Happen in Many Different Ways 

The abuse may have gotten worse since the separation. If the two of you have kids, they may be part of this brutal play your spouse stages. Your ex may: 

  • Belittle, undermine, and criticize you at every opportunity. 
  • Expose your children to unsafe situations or people who cause you fear and concern. 
  • Use intimidation, threats, violence, ridicule, and manipulation to force the children to comply with their wishes. 
  • Prevent your child’s social interaction to maintain control.  
  • Stalk you physically or electronically by bombarding you with emails, calls, threats, and abusive messages. 
  • Physically confront you at your home, in a public space, or at your workplace. 

The abuse is only limited by your ex’s imagination and what they think they can get away with. 

What Can I Do About It? 

Document what is going on. Keep text messages and emails. Take screenshots of abusive social media posts. Write a journal and describe what is happening, how you are responding, and the stress and pain you are enduring.  

If you are harassed in person, use your smartphone to (as discreetly as you can) record conversations. To be legal, both parties must consent to phone calls being recorded. You can use an app to record what is being said on a call, but your ex must be told about it. They may hang up or not care, and they will continue the verbal abuse. If your ex comes to your home, you can set up security cameras to record what they are doing and when. 

If your children are sucked into this tornado, we can help you seek sole custody and, if we cannot end visitation, limit it and ensure that a third party supervises it. If there is no custody order, we can start the process. If there is one, we can ask the court to modify it. Your chance of success increases with more extreme and better-documented behavior. 

Judges decide custody and visitation issues based on a child’s best interests. Being subjected to this kind of behavior and language is harmful and damaging, not just now but potentially for the rest of their lives. 

If you feel you or your child is in danger, you have been threatened, struck, sexually abused, or your spouse refuses to leave your home, call the police. Provide them with images, videos, photos, and journal entries to establish what is going on and for how long. If there are witnesses, name them and provide contact information.  

Although a prosecutor can proceed with a domestic violence case without a victim’s cooperation, it rarely happens because it is so difficult. Follow through, file the reports, and cooperate with the police and prosecution. If your ex sees criminal charges result from their words and actions, they should come to their senses. 

We can help you file a protection from abuse order. Through the order, you may gain temporary custody of your kids, which will require your ex to stay away from you wherever you are. 

Compassionate Advocacy From Lawyers Who Care 

If your ex is abusing, stalking, or physically assaulting you, we can help. Call our office at (215) 515-5172, book an appointment online, or fill out our contact form today. We can meet in our office or speak with you by phone. 

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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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Divorce and Your Parents’ Money: Does Any Belong to Your Spouse?

With divorce comes the equitable (or fair) division of marital property (property acquired during the marriage). Generally, assets owned by a spouse’s parent are not considered marital property, so your spouse should not have a valid claim to them. But this is divorce law, so there are possible exceptions that may make your case complicated. 

How Would Equitable Division Impact Past Trust Payments or Gifts? 

Clarifying which property is marital and what is not is spelled out in Pennsylvania statute (35 Pa.C.S.A. §3501(a)). Under the law, generally, property that is a gift from your parents, directly or through a trust fund, would not be marital property as long as you treat it as separate, personal property:  

  • Non-marital property: You put it in a bank account with your name, your spouse cannot access it, and you spend it for personal reasons. You buy yourself a car with it or spend it on furnishing your home office. 
  • Marital property: It is in a joint account, used to purchase marital assets or to pay ordinary marital expenses. 

Also not marital property is money you manage for your parents. If you are spending it to benefit them and your spouse has no access and it has not been used for marital purposes, that property belongs to your parents.  

How Would Alimony Impact Future Trust Payments or Gifts? 

The property you receive after your marriage ends is not marital. A spouse cannot have a claim on a future inheritance, trust fund payments, or gifts from parents you have not received yet as marital property. However, if your spouse is awarded alimony, you may need this future income to pay it. 

If you used commingled past trust fund payments and gifts and paid joint living expenses and property with it, they helped you establish your standard of living. If your spouse seeks spousal support or alimony and you agree to it, or a judge orders it if there is no agreement, one of seventeen factors is the standard of living the two of you established during your marriage.  

The fact that you improved your standard of living during your marriage by commingling trust payments and marital income may end up aiding your spouse’s argument that alimony should be paid. You may spend future trust fund payments on alimony, so indirectly, your spouse may end up with part of those future payments. 

Another alimony factor is the “expectancies and inheritances of the parties.” Alimony amounts can change in the future if there are “changed circumstances of either party of a substantial and continuing nature whereupon the order may be modified, suspended, terminated or reinstituted or a new order made.”  

A future inheritance is not marital property, but if you receive an inheritance so large that your circumstances have changed in a “substantial and continuing nature,” your ex-spouse could ask a court to obtain alimony or increase payments after that happens. Like trust payments, though a future inheritance is not marital property to be divided, your spouse may get some of it through increased alimony payments. 

On the flip side, if you receive alimony and after your divorce get the benefit of sizable trust fund payments, gifts, or an inheritance from a parent, your ex-spouse may ask a court that their alimony payments be reduced or ended because you no longer need financial support given this extra income you have received. 

Equitable Distribution and Alimony Issues Can Get Complicated. Let Us Unravel Them for You.

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. Call us at (215) 752-6200 or fill out our online contact form. 

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