Tag: divorce and immigration

Young Folks and Divorce

It’s June, one of the most popular months of the year to marry. So, let’s talk about young folks and divorce. In 2017, around one million couples in the U.S. called it quits. That may seem like a lot of divorced couples, however the rate of divorce — just like the rate of marriage — is down. But is it really?

divorce and marriage

We don’t care about the young folks

What is happening today is that younger married couples are less likely to split up than they once were, driving the trend. But, at the same time, the rate of divorce for older generations has increased in a phenomenon known as “gray” divorce.

Divorces hit a historical high point in 1979, when 22.6 marriages out of every 1,000 broke up, according to researchers at the National Center for Family and Marriage Research at Bowling Green University.

By 2017, the rate had dropped to 16.1 divorces for every 1,000 marriages. That’s a decrease of 29% from the high point and the lowest the divorce rate has been in 40 years.

One cause, researchers believe, is that people are delaying marriage.

“There’s a fear of divorce or a specter of divorce looming large in people’s mind. They don’t want to make a mistake. They’re waiting longer to get married to divorce-proof their marriage.”

In 1963, the average woman married at around age 20, but by 2017, the median age at marriage was 27 for women and 29 for men. Using data collected by the National Center for Health Statistics and the American Community Survey, Bowling Green researchers calculated annual rates of divorce for girls and women ages 15 and older by dividing the number divorced in the past 12 months by the number divorced in the past 12 months plus the number currently married and then multiplying the result by 1,000.

We don’t care about the old folks

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.

Talking only me and you

Researchers also examined the trends by age group and found that the drop in divorces has been driven by younger people. The greatest decrease they observed was among 15- to 24-year-olds, whose divorce rate dropped by 43%. The rate for 25- to 34-year-olds also dropped substantially, a decrease of about 30%.

After that, the rates of “gray divorce” more than doubled. For 55- to 64-year-olds, it climbed from 5 divorces per 1,000 marriages to 15 divorces per 1,000 marriages, and for those 65 and older, it rose from 1.8 to 5.

For comparison, the researchers also calculated marriage rates. In 1970, nearly a decade before the divorce peak, there were 76.5 marriages for every 1,000 unmarried women. In 2017, the rate had dropped to 32.2 marriages for every 1,000 unmarried women, a decrease of 58%.

 “The script was high school, maybe the military or college, and then you settle down,” Dr. Jordan said. “Now, it’s high school, maybe the military or college, maybe some period of self-discovery.”

That doesn’t mean fewer people have been pairing up or even delaying entering into romantic partnerships. But instead of marrying right after high school or college, more couples have simply moved in together, usurping marriage as the most common relationship experience in young adulthood.

Forty percent of women who wedded for the first time between 1980 and 1984 lived with their husband before they married, according to the Bowling Green researchers. From 2010 through 2014, 70% did.

That suggests for more couples, “I do” has morphed into, “I might.” But when they finally pledge “till death do us part,” they mean it.

The Wall Street Journal article is here.

 

Prenups and Immigrants

You met on a warm sunny beach in an exotic country and now want your soulmate to join you in the United States . . . but obviously you want a prenup to protect yourself. Will your prenup protect you from having to support your immigrant spouse if something goes wrong?

prenups and immigrants

Immigration Basics

Many are not aware that since 1996, the U.S. requires all immigration petitioners to promise they will pay financial support to certain classes of foreign nationals. The way the government required support is guaranteed is the famous, Form I-864, Affidavit of Support.

Most family-based immigrants and some employment-based immigrants use Form I-864 to show they have adequate means of financial support and are not likely to rely on the U.S. government for financial support.

The form requires you to promise to maintain the intending immigrant – your new wife or husband – at 125% of the Federal Poverty Guidelines (“Poverty Guidelines”) and to reimburse government agencies for any means-tested benefits paid to the noncitizen beneficiary.

But what if you and your future spouse waive this support in a prenuptial agreement and want to waive the support requirements?

Florida Prenuptial Agreements

I’ve written about prenuptial agreements before. Prenuptial agreements, or prenups, are agreements you sign with your fiancé before marriage that outline how you two would end up in case of divorce or death.

A prenup can resolve things like alimony, ownership of businesses, title of properties, and for purposes of this post, spousal support and alimony. There are many other concerns that can be addressed in the prenup:

  • Caring for a parent
  • Going back to school
  • Shopping habits
  • Credit card debt;
  • Tax liabilities;
  • Alimony and child support from previous relationships; and
  • Death or disability

A few of the points of a prenup, is that you get to decide on the amount of alimony, the terms of support, or whether you will pay any alimony at all. Or can it? Because prenuptial agreements can limit how much alimony you pay, you might think that you are safe if you sign Form I-864. You might be wrong.

Building a Prenuptial Wall

The I-864 form is required in all cases where a U.S. citizen or permanent resident has filed an immigration petition for a foreign family member including for a spouse. The form is a serious concern for anyone signing a prenup.

Why? Because whether you can even may enter into a prenuptial agreement that waives a sponsor’s duties to a non-citizen-beneficiary under the I-864 is an open question in courts.

Some courts have held that prenuptial agreements which waive I-864 rights are unenforceable, while other courts have enforced the waiver in prenuptial agreements over the I-864 form. There is a split among courts.

The split decisions between different courts about the right to waive I-864 support rights creates a lot of uncertainty into whether a sponsor and beneficiary spouse can waive enforcement of the I-864.

Are a beneficiary’s I-864 rights in the nature of private rights under a contract, or would allowing waiver of I-864 enforcement allow an end-run around an important public policy?

The law is not as well settled as we lawyers like. If you are thinking about marrying a foreign national and residing in the United States, you are not alone. About 7% of U.S. marriages involve one or more foreign-born spouse.

Information about form I-864 is available here.