Medical professionals in Wisconsin may be interested to learn that they might be less likely to get divorced than people who do not work in the health care field. According to a study published in February, while 35 percent of people working in fields other than health care are divorced, only 23 percent of pharmacists and 24 percent of doctors have seen their marriages end. Dentists, hospital administrators and nurses are also divorced at a lower rate ranging from 25 to 33 percent.
The study extended from 2008 to 2013 and involved over 240,000 medical professionals as well as people in other occupations. Researchers say they did find a disparity between men and women who were physicians. Women doctors had a divorce rate that was 1.5 times higher than that of male doctors. Furthermore, female doctors who worked in excess of 40 hours per week were more likely to be divorced than their counterparts who worked less. The opposite was true, however, for male doctors.
The study’s lead author reported that women struggle more with a balance between their personal life and their professional obligations and said that more research should be done to examine the issue more closely. However, the senior study author pointed out that overall, the research demonstrates that individuals who are interested in working in the medical field but are concerned that the profession might have a negative impact on their personal lives may have little cause for worry.
Medical professionals who are going through the divorce process may be dealing with issues that are common in their profession. For example, since some medical jobs pay high salaries, there may be many assets that need to be divided. One spouse may be a stay-at-home parent, and this might result in a child and spousal support order.
Source: U.S. News & World Report, “Doctors Less Likely to Divorce, Study Finds”, Robert Preidt, Feb. 19, 2015
Avoiding credit mistakes in a divorce
Couples in Wisconsin who are divorcing may want to know how they can make sure their credit is protected. There are several steps that can be taken prior to and during divorce that will help.
It is important for those who are considering divorce to have a good understanding of their finances and their obligations. This includes knowing which accounts are joint and what kinds of debts they may share. Opening an individual account for depositing paychecks is a good idea if a divorce is likely. Many people may not realize that regardless of what a divorce decree says, they are responsible for any accounts that their name is on. That means that if the other spouse agrees to take on a debt but the debt remains in the name of both individuals, there may be an impact on both of their credit reports if the debt is unpaid. Collections agencies may also pursue either or both parties for jointly-held debts.
In addition to opening up a bank account, those who are contemplating a divorce should also consider obtaining their own credit cards. This will allow them to begin establishing credit in their own name. They should also make sure their information is kept confidential. This may include changing PINs and passwords.
Even if spouses go into a divorce with good intentions, there may be conflicts over money and debt. Protecting assets in these ways can help secure the financial situation for each spouse before moving ahead with negotiations. A lawyer may be able to help individuals understand their financial picture and how issues like property division might be resolved. Divorcing couples should also keep in mind that ensuring that the credit of both spouses remains healthy is in everyone’s best interests going forward.
Source: NerdWallet, “4 Ways to Protect Your Credit During and After a Divorce”, Anisha Sekar, Feb. 13, 2015
Lower divorce rates for nurses, other health care professionals
Medical professionals in Wisconsin may be interested to learn that they might be less likely to get divorced than people who do not work in the health care field. According to a study published in February, while 35 percent of people working in fields other than health care are divorced, only 23 percent of pharmacists and 24 percent of doctors have seen their marriages end. Dentists, hospital administrators and nurses are also divorced at a lower rate ranging from 25 to 33 percent.
The study extended from 2008 to 2013 and involved over 240,000 medical professionals as well as people in other occupations. Researchers say they did find a disparity between men and women who were physicians. Women doctors had a divorce rate that was 1.5 times higher than that of male doctors. Furthermore, female doctors who worked in excess of 40 hours per week were more likely to be divorced than their counterparts who worked less. The opposite was true, however, for male doctors.
The study’s lead author reported that women struggle more with a balance between their personal life and their professional obligations and said that more research should be done to examine the issue more closely. However, the senior study author pointed out that overall, the research demonstrates that individuals who are interested in working in the medical field but are concerned that the profession might have a negative impact on their personal lives may have little cause for worry.
Medical professionals who are going through the divorce process may be dealing with issues that are common in their profession. For example, since some medical jobs pay high salaries, there may be many assets that need to be divided. One spouse may be a stay-at-home parent, and this might result in a child and spousal support order.
Source: U.S. News & World Report, “Doctors Less Likely to Divorce, Study Finds”, Robert Preidt, Feb. 19, 2015
Valuing art as part of marital assets in divorce
Wisconsin artists who are getting a divorce should be aware that artwork created during the marriage counts as a joint marital asset. This could apply to writers and filmmakers as well as visual artists, as copyright is included in this assessment. Attempting to conceal these assets may lead to the other spouse being awarded anywhere from half to the full value of the art.
However, as with all marital assets, negotiation might be possible. One solution may be to work out arrangements that allow the artist to retain rights or decrease their payments to the other spouse over time. For example, one spouse could attempt to keep ownership of their work while giving their spouse a half-interest in royalties. Another example is giving one’s spouse a percentage of revenue and decreasing this percentage over time.
Unsold artwork may largely have speculative values, and in some cases, these pieces might have a higher value for the artist than for the artist’s spouse. In such a case, the other spouse could agree to exchange other assets for the artwork. For example, an aspiring artist who has only sold a few paintings and was only married for two years might be able to keep all rights to the work in exchange for the jointly owned car. On the other hand, a filmmaker married for a decade with children and a large body of work may have to deal with more complexities.
Artists and their spouses might want to work with attorneys to negotiate property distribution. There may be a great deal of variation in how this is handled, depending on the artist’s career and the length of the relationship. An attorney can examine a couple’s specific case and advise their client on the best course of action to take regarding property division and other divorce-related issues.
Source: The Huffington Post, “ For Artists, Divorce Means Splitting Up the (Art) Assets ,” Daniel Grant, March 3, 2015
Divorce and Social Security benefits eligibility in Wisconsin
People who are either preparing to divorce or who have already divorced may wonder how their eligibility for Social Security benefits may be impacted. If a person has not contributed enough on their own for benefits eligibility, they may want to apply for either spousal or survivor’s benefits based on their former spouse’s contributions. In order to do so, however, the person must first be eligible.
People are eligible for spousal benefits if their marriage lasted at least 10 years and they have remained single. Remarriage prevents people from applying for spousal benefits based on their former spouse’s contributions, even if their marriage lasted 10 years. Instead, the person would be eligible for spousal benefits based upon their new spouse’s contributions.
The rules regarding survivor’s benefits are more generous. In the event a former spouse dies, the surviving spouse is not required to meet the 10-year requirement if they are caring for a child who is either a minor under the age of 16 or who is disabled. The remarriage rule does not apply for those who remarry after age 60. People in that age group may still be eligible to apply for survivor’s benefits based on their former spouse’s contributions.
There are many different factors to consider when preparing to divorce. Understanding how a divorce may affect future retirement is an important consideration, especially if a person will need to rely on their former spouse’s Social Security contributions for benefits eligibility. People may want to discuss how their retirement might be affected with their family law attorneys. An attorney might help their client by making certain they receive their fair share of assets in the division of the marital estate, including portions of any retirement accounts their client’s spouses might have. An attorney might also negotiate agreements designed to protect their client’s interests.
Judges sometimes permit legal notice through social media sites
In some states, individuals have used Facebook as a means of serving a spouse with divorce papers. Wisconsin residents may be surprised to learn that judges have ruled that, under certain circumstances, service through a social media site complies with the law.
A state judge recently concluded that a woman could serve her spouse with notice of divorce via Facebook. The circumstances were unusual in that the woman had tried to locate him over a long period of time through a variety of contact methods. She even hired a private detective. When her spouse refused to reveal his location, she petitioned the court to allow her to serve him through Facebook, a site he frequented. After finding that the woman had tried all traditional means of giving notice, the court ruled that she could serve him in this manner.
This is not an isolated ruling. Other state court judges have also determined that electronic notice through social media may be appropriate when an individual cannot otherwise be located. Not all state laws are amenable to such a ruling. Before permitting electronic notice, a judge will examine state law to determine if the text of the law can support such an interpretation. If the state law governing notice is flexible, the court usually will require an individual to show that the petitioner has attempted to give notice in all traditional ways before it will allow electronic notice.
These rulings demonstrate that courts are not inclined to let individuals escape their obligations by hiding from personal service. It’s important to realize that an inability to locate a spouse or a former spouse does not mean that an individual cannot initiate divorce proceedings or modify a current divorce settlement. A family law attorney could help review the law to determine whether state law permits these types of creative solutions.
Pet custody issues in a divorce
For many Wisconsin couples, pets are part of the family. When a divorce happens, the couple may see the pets as family members that should be subject to custody agreements. However, the law sees pets as property rather than as members of the family, like children. Therefore, different rules apply to pet ownership after divorce than are used to determine child custody.
The determination of the post-divorce ownership of a couple’s pets is normally seen by courts as part of the property division process. In most cases, a court will only award pets to one spouse or another. Having the pets travel weekly from one home to another, as children often do under custody agreements, is not usually an option. Instead, the court will have to decide, in the absence of an agreement, which partner retains ownership of the pet.
Before the court makes this decision, the judge will consider the circumstances in which the pet came to be owned by the couple. This can be important if one of the spouses owned the pet prior to the marriage, as state laws usually provide that any property belonging to one spouse before the marriage is considered to be separately owned and therefore not subject to division.
While most judges will adhere to the property division approach when dealing with pet ownership, courts in some jurisdictions have begun to consider the best interests of the pet and the wishes of the owners in making a decision on these matters. For those who are facing these and other divorce legal issues, the advice of a family law attorney is often valuable.
Social media contributing factor to divorce
Social media serves many purposes, including communication, staying informed or just following the activities of friends and relatives. However, for some Wisconsin couples, social media may be hazardous to their marriage.
In a study in Great Britain, one in seven people reported considering divorce because of their spouses’ activity on social media sites such as Facebook, Twitter or Skype. A fourth of the respondents reported that they fought with their spouses at least once per week over the use of social media, and almost a fifth reported such fights on a daily basis.
Social media has contributed to divorce in another way as well. In a U.S. study, 81 percent of divorce attorneys reported using social network sites as a source of evidence in divorce cases. Two-thirds of the attorneys admitted finding evidence for a divorce case on Facebook, the social media site most frequently cited as a source of evidence.
Many married people use social media on a daily basis with no idea of the double threat that their use may create. Fights about social media use may lead to bigger fights and ultimately to divorce. During the divorce process, status updates, location check-ins and photos on social media may provide valuable evidence to the attorney for the other spouse. Married individuals may want to limit their social media use to an amount or nature that does not become a frequent source of marital tension. An individual who is contemplating divorce for any reason may want to consult a divorce attorney regarding potential evidence that may be gleaned from his or her spouse’s social media accounts as well as potentially negative evidence that may be revealed by his or her own use of social media.
Protecting assets without a prenuptial agreement
When Minnesota couples divorce, their property will either be deemed as marital property or as that which is separately owned. All marital property is subject to division between the spouses, while separate property is not divisible.
The best way in which people can protect their separate assets is by using a prenuptial agreement. If getting an agreement is not possible, there are ways in which people may still protect those assets, however. When people marry, many have bank accounts with money already in them. If they add their spouse’s name to the account, those funds may lose their exclusion as separate property.
Inheritances and gifts are generally considered to be the separate property of the person who receives them, whether they receive them prior to or after the marriage. If the recipient deposits the proceeds into a joint bank account, however, they have commingled the assets and the entire amount may be divided by the court. It is best if people instead open a separate account and deposit those proceeds in that account.
If a person owns a home prior to marriage, they should avoid putting their spouse’s name on the title. They should also avoid using marital funds for the property’s upkeep and mortgage payments, instead using their own separate funds. Finally, it’s a good idea to get a business valuation prior to the marriage, and then another at the time of a divorce in order to limit the spouse’s ability to claim a greater portion of any increase in the company’s worth. People who are planning to marry may want to meet with a family law attorney for guidance on how to best protect their assets. An attorney may be able to negotiate with the other party to secure a prenuptial agreement.
Common divorce mistakes that should be avoided
For Wisconsin couples who are going through a divorce, protecting their finances may not always be a top priority. However, when emotions are running high, it is easy to make costly mistakes that have severe financial costs for one or both parties for years to come. One of the most common mistakes people make during a divorce is being unaware of their financial situation. From basic household operations to larger assets such as 401(k) plans and IRAs, it is essential to have a good understanding of which assets are available for division.
A forensic accountant can provide an independent examination of the couple’s financial marital assets, making it possible to negotiate effectively. An accountant can also look at tax history and can potentially uncover assets being hidden by one spouse. Another major mistake is to not seek the guidance of an attorney. Because of rules dealing with conflicts of interest, each spouse is advised to have separate legal representation.
One of the most expensive mistakes many divorcing spouses often make is agreeing to negotiations or concessions without having them entered into the divorce decree. Having a written record of all financial agreements not only provides clarity but helps the court enforce the arrangements that were made should a dispute subsequently arise.
A variety of legal issues are often present when people decide to end a marriage. Property division is often a contentious matter, but spousal support and, in the case of divorcing parents, child custody and visitation are often difficult to resolve. In some cases, a family law attorney can assist a spouse in attempting to negotiate a comprehensive settlement agreement that incorporates these topics and which can be presented to the court for its approval.
Jennifer Garner and Ben Affleck divorce after 10 years, 1 day
Wisconsin residents have likely heard about the high-profile divorce of 42-year-old actor Ben Affleck and 43-year-old actress Jennifer Garner. After exactly 10 years and one day of marriage, the couple decided to call it quits. Many believe that the date that was ultimately chosen was not a coincidence.
Although Garner and Affleck have been separated for months, they waited until after their 10-year anniversary to file for divorce. That decision may have been influenced by a law in California that states that any marriage lasting longer than 10 years is a long-term marriage. A lesser-earning spouse who is divorcing after 10 years of marriage may petition for a greater amount of spousal support than a spouse who was in a marriage of a shorter duration.
If Garner and Affleck had a prenuptial agreement in place, California’s divorce law may not have played a role in the date of their divorce filing. However, prenuptial agreements sometimes contain clauses that relate to the reaching of certain milestones. For example, a prenuptial agreement could say that the lower-earning spouse will receive a monetary benefit from the higher-earning spouse if they divorce after 10 years of marriage. Some of these types of agreements specify that the higher-earning spouse will provide the lower-earning spouse with a certain amount of money for each year of marriage.
When a divorce is imminent, a spouse might want to speak with an attorney about the best time to file divorce paperwork. If state laws or prenuptial agreement clauses come into play, a family law attorney may advise a spouse as to the most appropriate time to file.