Hartley Law Office, LLC

Hartley Law Office, LLC

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Dayton Family Law Blog

Dissolution of marriage or gray divorce in Ohio?

When Dayton residents over the age of 50 find themselves at the end of a marriage, they have several options. Depending on the circumstances, they may want to move forward with a traditional divorce. They may, however, find a dissolution of marriage to be a more appropriate step.

In a divorce, one partner must file a complaint to begin the process. The complaint asks that the court issue binding rulings on matters of alimony, property division, child custody and related factors. The other partner has the opportunity to respond to the complaint, and there may be additional back-and-forth. The partners may settle out of court, or they may proceed with litigation, ultimately leading to a court order on any unresolved issues.

Where should you file for a military divorce?

When military couples in the Dayton area reach the end of a marriage, there are a number of unique issues that they will have to resolve. We've discussed a number of these previously on our Dayton family law blog. One seemingly simple question, however, may not be so simple: where should you divorce?

To answer this question, you'll need to consider where you can claim to have residency. Clearly, not everyone stationed at Wright-Patterson Air Force Base will be an Ohio resident, but some will be. Residency is generally determined by factors like what state issued your driver's license, to which state you pay taxes, in which state you vote; if you own property in a state, that can also be taken into consideration. In Ohio, you'll typically need to have lived here for six months or more to file for a divorce in an Ohio court.

Alimony tax changes could affect retirement account contributions

With the New Year have come new changes to the nation's tax code, some of them major. One such change is proving to have significant effects for couples contemplating a divorce.

The change is to the way in which alimony payments are taxed. For nearly eight decades, individuals who paid alimony could deduct those payments from their income when filing their tax returns. Individuals who received those alimony payments, however, had to pay taxes on them. Beginning with divorces finalized on or after January 1, 2019, that will be reversed: ex-spouses paying alimony will no longer get a tax break, and recipients will receive the payments tax-free.

What you should know about spousal support in Ohio

When you plan your divorce, financial matters play a leading role in the proceedings. The issue of spousal support, also referred to as alimony, presents pressing concerns for many divorcing couples.

Higher-earning spouses may wonder if they will have to pay more than they can afford, while lower earners may worry about not getting enough support to make ends meet. While learning some basics can give you a better understanding of this topic, consulting an attorney can provide you with in-depth advice tailored to your individual situation.

We look out for your interests in a high asset divorce

Our recent blog post about a billionaire couple disputing the valuation of an artwork collection may have seemed somewhat outside the realm of day-to-day life, even for wealthy Dayton couples. The point that we want to emphasize is not necessarily the sheer dollar amount from that case, but rather the principle that high net worth couples will have unique financial considerations in a divorce that can lead to undesirable protracted litigation if not anticipated and taken into account.

Of course, any marital property of value -- whether financial or purely sentimental -- will have the potential to raise a dispute between separating partners. When such disputes grow bitter, some may feel inclined to harden their positions and engage in a legal fight. They'll do this even at the expense of increased legal costs.

Artwork highlights issues of non-traditional property division

When married couples in Dayton go their separate ways, there will be numerous assets to divide between them. Many of these are common and are expected in a divorce, like a home and furnishings, vehicles, bank accounts and other typical assets. Property division can become more complex in a high-asset divorce, however, with nontraditional assets like artwork sometimes dwarfing the value of others.

In one instance, a billionaire East Coast real estate developer and his wife had been married for nearly 60 years before divorcing. The couple's art collection included works from Picasso to Warhol. It was estimated by some to be worth $1 billion.

Five ways to prepare for a divorce in the new year

New year, new you. That's the mantra for many people coming into the new year. However, those that are contemplating or are in the process of a divorce take that phrase to a whole new level. Divorce signals not only the legal end of a relationship but the turning of a page for the newly single. It can help to jumpstart a person and to get their life headed in a direction that's beneficial for them and their family.

Thinking about a divorce can sometimes feel daunting. For others, divorce can be a welcomed change that is possibly long overdue. However, a person is feeling, there are some good tips to take into consideration while in the process of a divorce. The first revolves around the property division process.

How Will Trump's Tax Plan Impact Divorces?

The Republican party's recently unveiled tax plan comes with an unexpected surprise: what some are referring to as a "divorce penalty." However, calling it a penalty might not be  entirely accurate. What one spouse sees as a penalty might be a benefit to the other spouse, so a closer look at the impact of this proposed change is important.

TRICARE eligibility for spouses, children in a military divorce

Health care is a major concern for Dayton residents today, as it is for Americans across the country. Military service members and their families are fortunately able to obtain comprehensive care through the TRICARE program. In the event of a military divorce, TRICARE eligibility is something that separating spouses and their legal teams will want to take into consideration.

For the sponsor -- that is, the service member through whom a spouse and any children or dependents qualify for TRICARE -- eligibility will not change with a divorce. The sponsor's children will also retain eligibility for TRICARE, assuming they are the sponsor's dependents. This is true whether they are the sponsor's biological or adopted children, but any stepchildren not formally adopted by the sponsor will lose their eligibility after the divorce.

Does a later in life divorce mean I will have to pay alimony?

Readers of this Ohio family law blog are reminded that individual divorce cases are influenced by their own specific facts and circumstances. Because of this it is not possible to provide specific case guidance on the question posed in this post or any other legal matter through this format. As such readers who review the contents of this article are reminded that it provides information only and not legal advice.

A later in life divorce, sometimes called a gray divorce, occurs when the parties are in or near their years of retirement. Although individuals can choose to marry at any age, often the parties to gray divorces have been spouses for decades. Due to the longevity of their marriages, gray divorcees may have stopped working years earlier in their lives in order to support their spouses, their shared children and their homes.

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