Category: Emmer law
THE INTERSECTION OF FINANCIAL PLANNING AND DIVORCE (PART 1)
Attorney Max S. Emmer speaks with Nicole Gopoian Wirick, JD, CFP, in a three (3) part series on the intersection of financial planning and divorce. Nicole is a financial advisor with a law degree, certificate in financial planning and myriad experiences making her a uniquely well-rounded and expert financial professional. Should you have any questions, please contact us today.
WHAT HAPPENS IF YOU WIN THE LOTTERY OR A BIG JACKPOT DURING YOUR DIVORCE?
Many clients think that the notion “marital property” ends when they file for divorce – that is not true. Until a divorce is finalized and entered by the Court, property is still marital barring express agreement by the parties to the contrary. Recently, a colleague of mine added language into a Judgment of Divorce regarding lottery winnings during this interim time period – if the winnings were less than $500.00, the winning party kept that free and clear. But, if it was greater than $500.00, it would be treated as marital property. So, make sure if you ever win big, try your best to do it AFTER your Judgment of Divorce is finalized and entered by the Court. If you have any family law questions, please contact us.
SUMMER VACATION PARENTING TIME
Many co-parents reach agreements for summer, vacation, and/or holiday parenting time that are different than their regular parenting time schedule. For example, many clients like to reserve the right to exercise extended summer parenting time for a longer trip or vacation – each parent might get one or two uninterrupted weeks of summer parenting time with each required to present their preferred week(s) by a date certain (usually May 1st). If you have any questions about parenting time in your upcoming divorce, or, trying to modify the terms in your Judgment, please contact us.
WHAT HAPPENS IF YOU “MISTAKENLY” GET MARRIED IN LAS VEGAS? (LIVE FROM THE WORLD FAMOUS LITTLE WHITE CHAPEL)
Ended up married after a rowdy weekend in Las Vegas? The heat of the moment made you get ahead of yourself? Unfortunately, Las Vegas marriages, by and large, are legally enforceable and recognized, even if you were on vacation. Annulments are available in very specific, precise situations and circumstances (incapacitation or polygamy/being legally unable to marry another person). These are, however, state specific. If you have any questions about extra-jurisdictional marriages or family law matters generally, please contact us and we will be happy to help however we can.
GAMBLING AND DISSIPATION OF MARITAL ASSETS (LIVE FROM LAS VEGAS)
What if you discover that your spouse was gambling extensively during your marriage? Or, more generally, what if they have been using marital funds and assets for illicit and/or improper purposes (i.e., drugs, strip clubs, escorts)? While it is generally understood that typical, routine marital expenses and debts are a part of the marital estate and assumed by both parties (sometimes proportionally based on financial circumstances), arguments can be made for credits or concessions by one party of their spouse is using joint resources for things that not only do not benefit the spouse/couple/family unit, but, are potentially illegal and unacceptable. Should you have any questions on the dissipation of assets in your marriage or divorce, please contact us to discretely discuss in more detail.