The AICPA/AAML National Conference on Divorce is an annual event that offers unparalleled opportunities to gain comprehensive insights on the financial aspects of divorce in the company of some of the Country’s top Divorce Attorneys and Chartered Public Accountants. As well as offering the advantages of a forum to network and learn from peers, expert speakers have previously presented on topics as diverse as Intellectual Property, healthcare and issues specifically encountered by women and LGBT couples. Jon Fields will be attending this year’s conference in New Orleans, May 2016. Fields and Dennis LLP looks forward to the insights this event will doubtless bring, as we anticipate returning to our practice with new perspectives and deeper professional insights on some of the most pressing and complex issues that our clients face.
Maintaining an updated estate plan is an important aspect of financial care. It is especially important to update following a divorce and/or the start of a second marriage. Blended families and new marriages create an interesting problem for will-makers, as they must find a way to honor the new spouse and children without disregarding children from the previous marriage.
This sort of incorporation is a difficult and delicate task, but not impossible with the proper guidance. The key to success is fully understanding the current family dynamics of the client. Family dynamics can shift over time, and so providing grounded advice on how to pass down assets and what estate planning tools work best for the situation is crucial.
A spousal trust tool is one of the most useful tools; it ensures that the surviving spouse will have access to trust assets during their lifetime and that these remaining assets will pass onto the children of the predeceased spouse. This form of trust allows for rollover treatments and graduated rates of taxation. Other estate planning tools could include careful splitting of assets, and the designation of life insurance to children.
At Fields and Dennis LLP, we treat our clients with the utmost respect during the delicate process of estate planning. We are a trusted firm that openly communicates with our clients during this planning process. Please contact us today if you are looking for a trusted and strategic Boston divorce lawyer.For more on estate planning in a second marriage: http://www.huffingtonpost.ca/suzana-popovicmontag/second-family-will_b_8010438.html
Alimony is an explosive topic. Some people totally agree with it, while others are firmly against it. Either way, alimony can be a large part of divorce, and the financial aspect can be lengthy and costly for the party that will be paying the alimony. The decision of granting alimony by the court depends on several different factors that many people don’t even realize. For instance, a major factor is marital fault. The reason for the breakup of a marriage could affect the amount and duration of alimony in the eyes of certain judges. If one spouse has evidence of cheating, that could affect the alimony outcome, for example.
Another factor is the length of the marriage. Think about this: How long have you been married? Five years v. 25 years makes a huge difference, and with the latter, age plays into the equation. If you are a young person who is divorcing, the courts may look at you as someone who can easily obtain work. However, if you’re an older person, the courts may see you as unable to pay any type of support for a long period of time. Then there is the lifestyle during the marriage. Did you both live extravagantly? If so, this luxurious way of living may be over for the both of you. However, if you are a non-working spouse and are accustomed to a certain lifestyle, alimony may play into your favor. Then there is Social Security to consider. Did you know that if a non-working spouse, who had been married over 10 years to the former spouse and has not remarried, is entitled to her/his ex’s Social Security benefits? This becomes an element of alimony.
Health comes into decision-making as well. If a spouse isn’t in good health and is unable to sustain a job, this will affect how much and for how long s/he will receive alimony. For instance, if Spouse A has been out of work for two years and can’t return, then Spouse B may have to pay a larger portion toward alimony than originally expected. Besides health, kids are a major concern too. Who are the children going to live with? If they live with you, you may be entitled to more money, since the workday is shortened due to childcare. If they live with your spouse, s/he may be entitled to a larger sum.
Other monetary sources can pose an issue. Say, for instance, you have another source of income or a trust—this monetary source may affect how much alimony you receive or pay. A buildup of assets is important to note. For instance, if your husband built up his law practice while you were married, he now has to pay you half its value. The receipt of this lump sum could possibly reduce alimony payments down the line.
At Fields and Dennis LLP, attorney Jonathan E. Fields has almost 25 years of experience in Family Law, including alimony proceedings. He has been listed in The Best Lawyers in America ® 2015 edition in the field of Family Law. He is also an Executive Board Member of the Massachusetts Council on Family Mediation and a Panel Member of the Children and Family Law Trial Committee for Public Counsel Services. Please contact him today if you are looking for a trusted and experienced Boston divorce lawyer.
Based on this article: http://life.familyeducation.com/divorce/alimony/45556.html
Choosing a divorce attorney is a highly personal experience and there are many factors that should influence your decision. Finding a divorce lawyer that you connect with and trust is important, and it is equally essential that they have the capabilities to handle the unique circumstances of your individual situation.
Watch this video to hear Attorney Jon Fields’ advice on finding the right divorce lawyer to handle your case.
Fields and Dennis, LLP knows there is never a ‘one-size-fits-all’ solution to family law matters. Each case is different and requires sensitive and sympathetic attention along with innovative and often multi-faceted solutions. However, one aspect of family law does remain constant — children are the most impacted by a divorce. Children are the most important concern, and often times they are not adequately represented or heard.
We are excited to share that Attorney Andrea DeLaney has become involved with the Attorneys Representing Children (ARC) program in the Norfolk County Probate Court. ARC gives a voice to children in high-conflict custody cases and acts as their advocate.
Attorney DeLaney has been trained and certified. She now volunteers her time and services to this worthwhile program, which assists in matters involving divorce, paternity, custody and visitation, giving the child a voice.
The best interests of the children should always be the priority. As a volunteer lawyer for ARC, Attorney Delaney will work to ensure the best outcome for the child is pursued, allowing the child to have a voice in the process, as well as give the court some guidance in making these difficult custody decisions.
ARC is made possible by the Norfolk County Probate and Family Court, along with the Norfolk Bar Association. Attorney DeLaney is honored to be a part of this valuable program and is looking forward to working on many more cases involving the best interests of children.
Fields and Dennis, LLP was recently featured in Massachusetts Lawyers Weekly as part of their News Briefs. Celebrating 10 years as a firm is an exciting and special occasion and we are proud to share this milestone with our colleagues. Read more about our 10-year anniversary celebration here.
The interplay between divorce and trust interests may be one of the most vexing for practitioners and mediators. This primer attempts to synthesize the legal landscape in this area and to demystify the issue so that we may better serve our clients. Read the article by Attorney Jonathan Fields.
A recent study out of Georgetown University and the University of Chicago looked at the impact of parental separation and divorce on the behavior of children in families of different income brackets.
Using data from the National Longitudinal Survey of Youth, a survey conducted by the Bureau of Labor Statistics starting in 1979, the study honed in on the reactions that children had to divorce over time. Read more.
The unique circumstances of Jewish law as interpreted by those who practice Orthodox Judaism can make divorce an extremely difficult predicament for women in the religion. For starters, only the husband can grant a divorce with a document called a “get.” While a woman can still seek a legal divorce, without the “get” she is still married in the eyes of her religion, even years after a civil divorce is granted.
Someone unfamiliar with Orthodox Judaism may not understand the gravity of this scenario. Without the husband’s consent to a religious divorce, and without a “get,” an Orthodox Jewish woman cannot remarry or have more children. Without a religious divorce being granted, any remarriage is seen as adultery and can result in her being shunned from her Orthodox community. Read more.
With fall quickly approaching, it is that time again, at once bittersweet and anticipated by parents everywhere – back-to-school. But, if you are recently separated or in the midst of a divorce, this first back-to-school season will be another in a series of adjustments. Summer certainly had its own challenges and negotiating vacations when children are not in school can be tough, but the upcoming school year poses its own unique issues to face. Read more.