Month: May 2018

Gray Divorce

It used to be unthinkable for couples to divorce after 50. Things have changed dramatically. These days more people over 50 are divorced than widowed. This age group now accounts for one-quarter of all divorces. This is a post about divorcing after age 50, otherwise known as the gray divorce.

Growing Apart: The New Trend

According to some reports, these so-called “gray divorces” have doubled since 1990 and, with half our married population being 50 or older, the rate is expected to grow, especially as more and more baby boomers become empty nesters.

Divorce is hard and complicated no matter what your age is. But divorce might be something to approach carefully if you’re over the age of 50. Here’s why.

Florida Gray Divorce

When couples choose to divorce in their 30s or 40s, they still have time to recover financially, because adults at that age have several years, if not decades, left in their careers.

But when divorce occurs when a couple is in their 50s or later, careers may either be coming to a close or are completed, and spouses are often living on fixed incomes provided through Social Security or retirement benefits.

I’ve written about this subject before. Here are some things to consider:

  • Valuing the Marital Estate – By the time a couple enters the golden years, they may have gold to divide, including businesses, retirement funds, and vacation homes. Valuing these assets can be difficult. The value of a business may not be apparent from balance sheets, and the sale or transfer of assets may have tax consequences. As a result, a financial advisor may be an important component in the divorce.
  • Medical Care – Health insurance is often tied to the employment of one spouse. With aging comes diminishing health, and declining cognitive ability. Courts may need to intervene if one party has dwindling capacity to handle their own affairs.
  • Long-Term Arrangements – Legal arrangements, such as wills and trusts, need to be reviewed to make sure they reflect post-divorce wishes. The same is true for long-term care, such as medical directives, living wills and trusts.
  • Retirement Plans – After 20 years of marriage, retirement plans can be substantial . . . and complex. Retirement plans vary in kind, and they all have different restrictions, tax consequences, distribution and vesting rules.
  • Lifestyle adjustment – Younger couples have time to re-accumulate wealth after divorce, but in Gray Divorces, the spouses have less time to re-establish themselves financially. One or both may be close to or in retirement, and face living on half of what they earmarked for retirement.

Why is it happening?

There are many explanations for the gray divorce phenomenon. Often, couples aren’t on the same timeline emotionally when it comes to divorcing, and that can make a gray divorce particularly painful.

People are surprised to be dealing with a spouse who wants out after many years of marriage. The “leavee” can’t imagine growing old alone. The “leaver”, may feel guilty for ending the marriage.

Two-thirds of gray divorces are initiated by women. Having put their needs aside to raise a family, and tired of a spouse who ignores their pleas for change, these women dread the years ahead in a “dead” marriage.

Once the kids are gone, these women choose to end the marriage, opting for a new, more rewarding life and relationships.

The Tweet on Gray Marriage is here.

 

Family Law is Moving!

We’re pleased to announce that, beginning Monday, May 7, 2018, one of Florida’s premier marital and family law firms, the Law Offices of Ronald H. Kauffman, P.A., will be starting the workday in our new offices at One Biscayne Tower.

One Biscayne Tower

That’s right, we’re moving around the corner, across the street from Bayfront Park and Biscayne Bay. The new office building is named One Biscayne Tower and the address is:

2 South Biscayne Boulevard

Suite 3400

Miami, FL 33131

One Biscayne Tower is an iconic skyscraper on Biscayne Boulevard across from Bayfront Park. It comprises “Class A” office space and has been a long-standing symbol of the City of Miami.

The building often appears on postcards of the Miami skyline and is a signature building of Miami. Our new offices provide sweeping views of beautiful Biscayne Bay, the park, and bustling downtown Miami.

One Biscayne Tower has won five Office Building of the Year (TOBY) Awards, including the 2007 Miami-Dade TOBY Award and the 2007 BOMA Southern Regional TOBY.

Ronald H. Kauffman, P.A

Specializing in all family law matters both domestically and abroad, our lawyers are experienced in sophisticated marital and family law cases and led by a lawyer who is board-certified in marital and family law by the Florida Bar Board of Legal Specialization and Education.

A “Super Lawyer”, accomplished writer and speaker, Executive Council of the Florida Bar’s Family Law Section, our attorneys and firm have been professionally admired for serving our clients with the utmost skill, discretion and confidentiality in divorces, alimony, child custody and relocation cases, as well as prenuptial and postnuptial agreements.

Our firm website is here.

 

Prenuptial Agreements: Can you bust a prenup?

Prenuptial and postnuptial agreements protect your wealth by setting out what property stays yours, what property does not, and ensuring that your assets stay in your family line. Prenups can even be used to limit your exposure to paying alimony. But can you get out of a prenuptial agreement?

What are Prenups?

A prenuptial agreement (or “prenup” for short) is a contract between people intending to marry. A prenup determines spousal rights when the marriage ends by death or divorce.

If you divorce without a prenup, your property rights are determined under state law, and a spouse may have a claim to alimony while the suit for divorce is pending and after entry of a judgment.

Without a prenup, if your spouse dies, you will have statutory rights under state law to a share of your deceased spouse’s estate, and may also have a right to lump sum death benefits, or a survivor annuity under a retirement plan.

That’s where prenups come in. Prospective spouses may limit or expand these rights by an agreement. Prenups are also used to protect the interests of children from a prior marriage, and to avoid a contested divorce. Prenups can be very worthwhile provided they’re done right.”

When Prenups are done wrong

It is important to realize that the courts will not likely enforce prenuptial agreements (prenups) in certain cases. Forbes magazine recently ran an interesting article listing some of the common problems with do-it-yourself, cheap, or downloaded prenups:

  • It is not a formal legal document. Only well-drafted agreements can override states that have community property laws or equitable distribution requirements.
  • It is a “shotgun” agreement. If there is any form of coercing a person to sign the agreement, it can turn out to be unenforceable.
  • One person failed to read the agreement. When there is proof that one or both of the spouses did not read the prenup, it might not be enforceable.
  • One party is hiding or just not sharing knowledge of all assets and liabilities. Full transparency between the prospective partners is mandatory.
  • It includes invalid provisions. These are terms that are illegal or against public policy. For example, the courts will not enforce prenups if they stray into areas such as waiving child support.
  • Each partner does not have separate legal counsel.Both parties should – and in some states, it is a requirement – have their own legal counsel so that their separate interests are promoted.
  • The agreement is unconscionable. If the prenup is so completely unfair that it puts one partner in a horrible financial situation and sets up things so the other partner is solidly financially positioned, the courts will very likely not enforce it. Unconscionable agreements are “extreme.”

Florida Prenuptial Agreements

I’ve written about prenuptial agreements before. Prenuptial agreements are about more than just resolving uncertainty in a marriage. Any couple who brings any personal or business assets to the union can benefit from one. They are also important to have in place before a couple starts investing in businesses, properties and other investments.

The most basic of prenups should list an inventory of premarital assets that would stay with the original owner in case of a divorce. Florida has both case law and a statute to help lawyers, judges and the parties determine if a prenuptial agreement is enforceable.

For example, Florida courts must consider things such as fraud, duress, coercion, in addition to the unfairness of the agreement, and whether there was any financial disclosure.

According to the Forbes article:

It’s not all that uncommon for mistakes to be made when putting a prenup in place. . . high-quality legal work is based in expertise and precision, which is why we diligently do everything possible to make sure our clients’ prenups do not get ‘busted.’

The Forbes article is here.