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Instead of spousal support, can he cover the mortgage?
Spousal support is one of the trickier areas of law. For one thing, husbands don’t want to pay it. A few years back, the law was changed so that spousal support is no longer tax deductible. Though that sounds like a good thing – who doesn’t love money that the IRS isn’t counting towards your…
What property in a divorce is marital?
In most cases, my clients have been with their husband for a number of years, accumulating a number of possessions – both consequential and inconsequential. Though we don’t often spend much time dividing the sheets and bath towels, other things, especially big ticket items like houses and cars, do occupy a fair amount of time…
Dividing Retirement Accounts in Divorce
One of the biggest assets that we divide in divorce are retirement accounts. Whether we’re talking about IRAs, 401(k)s, 403(b)s, pensions, stock options, TSPs, or any other type of account, if they were earned during the marriage, they’re marital property and subject to division in any action for divorce. Retirement is actually (usually!) an easy…
How can we divide a family owned business?
Coming from a family that owns a local business and now working for another small family-owned business, it’s pretty safe to say that businesses are something that I think about a lot. You might even be surprised at how often it comes up, but there are lots and lots of different types of businesses that…
How long do we have to be married to get half the house?
There are a lot of myths and misconceptions about divorce and the divorce process in Virginia. When it comes to property division, there’s a lot of confusion and misunderstanding. I like to think that a big part of my job is just providing education, so that women know what to expect and at least how…
How is debt divided in Virginia divorce?
After the market crashed in 2008, we handled a lot of cases where there was more debt than anything else. It was terrible. Houses were underwater, and I’ve never seen such high credit card debt. In fact, at that point, it seemed like a lot of people decided to stay together because they really couldn’t…
Bankruptcy and Divorce
If you have more debts than assets and you feel like you’re drowning, it may be that divorce shouldn’t be your first thought. Let’s break it down a little bit. Because, of course, financially, divorce CAN help, especially if there are some issues (like his general extravagance) that you want to get out from under….
To keep, sell, or refinance the house in Virginia divorce
Real estate is easy. Either one or the other of you keeps it, in which case you refinance the mortgage to remove your spouse from liability, or you sell it and split the proceeds. There’s not a lot of options, so we can often cut to the chase pretty quickly. I want to keep the…
Vacation Homes and Divorce
Equitable distribution is the fancy way we describe how property is divided in the Virginia divorce process. Under equitable distribution, the court looks at all a couple’s assets (the things that are worth money) and liabilities (yes, your debt gets divided, too!) and makes a determination about what each former spouse should take away from…
His, Hers, Ours: Classifying Property in Divorce
When you’re happily married, everything is “ours”. But as soon as one of you starts talking about a potential separation, it’s funny how many things suddenly become “mine” – especially from a man’s perspective. I’ve only ever represented women only in divorce and custody cases, so I can speak most easily and comfortably about a…
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