Tag Archive for: spousal support

Infidelity and divorce

Allegations of infidelity have sounded the death knell for many Wisconsin marriages. While some spouses may be willing to forgive an indiscretion, others are unable to move beyond the negative emotions and hurt caused by a spouse’s unfaithful behavior. In those cases, divorce may be the only option. However, infidelity may not play any role in a divorce proceeding depending upon state law.

Many states have no-fault divorce laws, and a spouse who is seeking a divorce need not prove that the other spouse did anything wrong to cause the marriage to end. In most such states the court will not consider a history of infidelity or other bad behavior by one or both spouses in determining issues such as property division, child support or alimony.

In many no-fault states the court will base child support on statutory guidelines that consider the parties’ incomes and the children’s physical placement, not who was to blame for the marriage’s demise. In determining whether to award spousal support, the court will look at factors such as the length of the marriage and earning capacity of the parties, not whether one party was unfaithful. However, if a spouse’s bad behavior affects or endangers the well-being of the children, the court may factor it into its consideration of a child custody dispute.

Someone contemplating a divorce may wish to speak with an attorney that is experienced in family law matters. The attorney may be able to negotiate and prepare agreements relating to such matters as property division and spousal support. If there are children from the marriage, the attorney may be able to provide advice and counsel on such issues as child support and visitation rights.

Source: HuffingtonPost, “A Cheating Heart and Its Role in Divorce“, Caroline Choi, October 01, 2013

New study of old data indicates divorce is contagious

Recently-released results of a study reveal that the marriages of couples in Wisconsin and elsewhere may possibly be affected by divorces of friends or close family members. Researchers at Brown University have found that when a family member or close friend gets divorced, study participants were 75 percent more likely to get a divorce, and 33 percent more likely to end a marriage if a friend of a friend was divorced.

The study of residents of Framingham, Massachusetts, commenced in 1948 and was initially designed to examine risk factors associated with heart disease. It was subsequently expanded to include close friends and family members, with the participants being periodically re-interviewed. The divorce results are attributable to a phenomenon that sociologists have termed “social contagion”, defined as the spread of behavior and attitudes among friends, family members and social networks. It has been found to be present in studies dealing with subjects as varied as childhood obesity and the spread of imaginary workplace diseases.

Study results also showed that a divorced person is more likely to remarry another divorced person, especially if the remarriage occurs shortly after the breakup of the previous ones. Participants who divorced often felt that they were less popular, losing the connections to friends that had been part of the other spouse’s social network.

When marriages cannot be repaired, sometimes a divorce may be the way for spouses to get a new start on their individual lives. An attorney who has experience in family law may be able to assist someone contemplating the termination of a marriage by helping to negotiate and prepare agreements covering issues such as property division and spousal support.

Source: Pew Research Center, “Is divorce contagious?“, Rich Morin, October 21, 2013

Divorce settlement means hard work for John Cleese

Wisconsin residents who follow celebrity divorces may be interested in John Cleese’s divorce settlement with his third wife. In 2008, Mr. Cleese and his wife, Alyce Faye Eichelberger, divorced. The couple agreed to the terms of their divorce settlement in 2009 that allegedly specified that his wife would receive $13 million in marital assets and cash as well as almost $1 million a year until 2016. The 16-year marriage between John Cleese and his wife, who is a psychotherapist, was childless.

Mr. Cleese, who has since remarried a woman 31 years younger than himself in August 2012, spoke about the financial difficulty a divorce may precipitate. Mr. Cleese, 74, said a great deal of hard work was necessary for him to meet the demands of spousal support obligations. He states that his choice of projects is dependent, in part, on earning enough to pay alimony, and he even named one project “The Alimony Tour.” He also suggested that his income from past projects, such as his time with “Monty Python,” was not sufficient to meet these current obligations. Cleese said that selling property was necessary and now owns just one from the original five owned during his marriage.

In Wisconsin, spousal maintenance may be required temporarily or permanently, depending on the differing circumstances of each couple. Determinations regarding such payments include factors such as the length of the marriage, the income of the involved parties and the earning capacity of the parties.

When couples divorce, alimony considerations are just one of many issues that parties may face. As Mr. Cleese’s case shows, the effects of divorce agreements may affect the long-term financial futures of both individuals. A family law attorney may be able to help couples reach an agreement that is equitable and provides support for all the parties involved.

Source: The Huffington Post, “John Cleese’s Alimony Payments Are No Laughing Matter“, January 31, 2014

The impact of social media on Wisconsin family law disputes

Social media has changed the way we interact with our friends, family and acquaintances. Some individuals use venues like Facebook and Twitter to document every aspect of their lives. While staying connected with family and friends is generally a good thing, individuals who are in the middle of a divorce or custody dispute need to be aware that the words and images they post may be used against them in court.

Unfortunately, it’s not just vicious postings and photos of inappropriate behavior that can cause trouble. Even seemingly innocent postings or photos of family activities and vacations can be harmful. For instance, an argument by a spouse that they cannot afford to pay spousal support could be hindered by pictures of luxurious vacations or fancy cars. If one parent criticizes the other parent on social media it may be used to show that they are undermining the other parent’s relationship with the child. It’s not just a spouse’s postings that can cause trouble. If a minor child posts pictures of themselves engaged in a dangerous activity, it could reflect poorly on the parent who was caring for the child at that time.

Deleting these posts and pictures does not ensure that negative information will not surface in a divorce or custody proceeding. In some instances, these deletions can be construed as destroying evidence. The best advice is to consider how the posting or photo could be used by an estranged spouse prior to placing anything online.

Misuse of social media is just one of the many innocent mistakes made by individuals who are in the midst of divorce and custody proceedings. A divorce attorney may be able to help individuals avoid or lessen the impact of seemingly innocuous postings.

Source: The Huffington Post, “The Divorce Mistakes You Don’t Even Know You’re Making“, Taryn Hillin, March 18, 2014

Political power couple, art collectors’ divorce not so amicable

Wisconsin art aficionados may be familiar with the art-collecting Washington power couple Tony and Heather Podesta, if not for their valuable holdings then perhaps for their lobbying activities. It seems that the couple’s divorce, part of a split announced in 2013 and characterized as amicable, may not be as friendly as they had originally portrayed.

Tony Podesta filed for marital dissolution in April 2014, accusing Heather Podesta of misleading him about their chances for reconciliation when he provided half the down payment on her new mansion in March 2013. At the same time, he says, she had already started a new relationship unbeknownst to him. In addition, he claims that his wife had contacted prestigious museums requesting that they block him from donating art to them. She is also accused of changing the locks on their shared Italian apartment to keep her husband out. The filing claims that Heather Podesta had sought to harass and embarrass her husband in an effort to gain financial leverage over him.

The Podestas were a major power inside the Washington Beltway during the presidency of Bill Clinton. Tony Podesta’s brother was chief of staff for the White House and later served as a counselor to President Barack Obama. Heather Podesta was formerly a Capitol Hill staffer and started her own lobbying firm in 2007.

Power couples may face as many emotional challenges as those less influential when it comes to filing for divorce. Property division, child custody and spousal support are contentious legal issues that many face during the marital dissolution process. However, divorce attorneys can provide guidance so that their clients can keep control of the assets that really matter to them.

Source: The Washington Post, “Tony Podesta divorce filing: wife Heather Podesta tried to ‘embarrass and harass’“, Emily Heil, April 03, 2014

Keeping the costs of a divorce down

Divorce can be an expensive endeavor for many Wisconsin couples whose marriages are ending, but there are ways to keep the costs under control. While individuals often do not have much control over their attorney’s average hourly rates, they can control how much work they ask the attorney to do. Keeping the billable hours down will result in a more affordable divorce. The key is learning what to have the lawyer handle and when to let things go.

One of the biggest mistakes made by individuals is getting caught up in the tiny details and trying to micromanage the parenting decisions made by the ex-spouse. Arguing over minor details like exact soccer time practices will only lead to a higher divorce bill. When a couple is able to come to agreements on these minor details on their own, then the overall cost will fall.

As individuals treat other with honesty and fairness, the amount of items that must be discussed in court and reviewed by attorneys decreases. In one reported case, a man’s attempt to avoid paying his wife spousal support resulted in roughly $300,000 in legal fees, and the wife was still eventually granted alimony. Agreeing to spousal support from the outset could have saved the man a great deal of time and money.

When dealing with such matters as property division, child custody and support arrangements, an attorney can help a client in negotiating an agreement with which both parties are in accord. Legal counsel can provide valuable guidance throughout the process and help clients avoid mistakes. The clients can in turn keep costs down by being more flexible and reasonable when working through the divorce process.

Source: CNBC, “How to get divorced without breaking the bank”, Susan Caminiti, Feb. 9, 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

Gathering evidence to terminate alimony payments

Wisconsin residents, particularly those who have been through a divorce, may be interested in an article detailing ways to gather evidence in order to terminate alimony payments. When an ex-spouse is in a new relationship, he or she may no longer require these payments, but it takes adequate proof and a court hearing to make a termination happen.

For many divorced spouses, paying alimony is an ongoing commitment that is financially and emotionally stifling as they try to move on from the end of their marriage. When an ex-spouse begins a relationship with another partner, often that ex will attempt to hide this fact. This is because cohabitation with a new partner could lead to termination of the spousal support payments. In order to prove that the ex no longer needs that alimony payments, it must be shown that he or she cohabitating and that both new partners are financially and socially “interdependent.”

This can be evidenced by the sharing of bills, babysitting of each other’s children and other ways that can be proven by a private investigator. However, evidence of continued cohabitation can be expensive to gather. Cellphone location data can show a person’s movements to and from the place of cohabitation. This technique, used by investigators, allows the gathering of the cohabitation evidence with much less cost to the spouse than hiring an investigator to document these movements over a period of months.

This evidence can then be used to file for an alimony termination in civil court. A divorce attorney may be helpful in ensuring that the proper proof is gathered and the filing is done correctly. This might facilitate a prompt and speedy resolution to a spousal support issue.

Source: The Huffington Post , “Using a Cell Phone to Show That Your Former Spouse Is Cohabiting“, Diane Danois , January 24, 2014