Trouble Co-parenting? Watch This!

Coparenting

Many separating or divorcing parents have trouble with co-parenting.  Indeed, parents in intact households do not always communicate well.  Add to that the strife of the breakdown of the relationship and it is no wonder parents struggle.  I see poorly written emails and text messages on a regular basis.  Parents talk past one another rather … Read more

Summer Vacation: Top 7 Tips For Divorcing Parents

Custody conflict does not have to ruin the fun of summer vacation.  It would be impossible to decide which vacations dates you will want for every year until your children go to college.  At the same time, you do not want to turn each summer into a fight over vacation dates.  The key is to set parameters that allow both … Read more

What Happens To My Retirement Savings After My Divorce?

Pamela worked hard to earn her retirement. In her opinion, much harder than her husband, John, who was more focused on spending rather than saving. Now that John has decided to end the marriage, Pamela dreads the idea of giving him a dime from her retirement. Let’s look at her options. Pennsylvania is an equitable … Read more

Unexpected Divorce, Would You Be Prepared?

couple fighting

In the middle of a discussion about what you are cooking for dinner your husband blurts out “I want a divorce.”  Wow.  Unexpected.  Turns out, while you were focusing on planning your daughter’s birthday party and a fundraising project for the P.T.O., your husband cleaned out the bank account and rented a townhouse.  He hands … Read more

Eight Tips for Co-parenting Through the School Year After Divorce

Now that the kids are back to school and you have read Back to School Tips for Divorcing Parents, it is time to co-parent during the school year.  I have seen many school-related issues arise between parents.  There are practical solutions that will help you and your children have a great school year. I highly … Read more

A House Divided-Who Keeps the House in a Divorce?

divorce house

When you hear a couple is divorcing, one of the first questions people ask is “who is keeping the house?” Clients rarely ask the question that way. They more often ask, should I keep the house? Indeed, that is the better question because keeping the house is not always a good thing. Couples hardly ever … Read more

Getting Married? Four Reasons Why You Need a Prenuptial Agreement

I hear all the time that Prenuptial Agreements are just for the very wealthy. Nothing could be further from the truth. Anyone who has anything they want to protect in the event of divorce (or death) is a candidate for a Prenuptial Agreement. While discussions about Prenuptial Agreements can be awkward, it is far easier to reach an agreement when you are happy, in love, and planning for your wedding than it is when sadness and anger take over at the end of a marriage.

Here are four reasons you need a Prenuptial Agreement before you exchange your vows:

1. You want to simplify your divorce.

Couples without Prenuptial Agreements can spend months and countless attorney fees arguing over the percentage of marital property that each party receives. Pennsylvania is an equitable distribution state. Equitable means fair, which does not necessarily mean equal.   In a Prenuptial Agreement, a couple could decide the percentage distribution ahead of time, along with other issues, such as alimony, which can complicate the resolution of your divorce.

2. You want to protect your business.

The business you own today could become a sticking point in your divorce. If you own a business in Pennsylvania at the time of the marriage, the increase in value during the marriage is a marital asset. Business valuations are expensive. Imagine having to pay for two, one for the date of marriage and one for the date of separation in order to quantify the increase in value. Locating all of the documents needed for the valuation is a job in itself. A Prenuptial Agreement can be written to protect the increase in value of your business.

3. You want to protect your home.

Did you know that the increase in value of the home you own now will be a marital asset? Think about how complicated it will be to figure out how much the value of the home increased, especially if it has been a long marriage. If you put the home in joint names, all of the equity may be considered a marital asset depending on the timing. Imagine being kicked out of the home you bought when you were single. Yes, that can happen without a Prenuptial Agreement.

4. You want to protect your children’s inheritance in the event of your death.

If you have children from a prior marriage, you may want to protect some of your assets for your children in the event of your death. In Pennsylvania, you cannot disinherit or place certain limits on your spouse’s inheritance without a spousal waiver. Prenuptial Agreements commonly have spousal waivers allowing your estate plan to control without the interference of your spouse.

If you are interested in finding out whether you need a Prenuptial Agreement, here is how to get started.