Ohio Alimony Revisited Under the New Tax Law

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Existing Alimony Deduction Repealed Under New Tax Law

Under Ohio divorce decrees, alimony (spousal support) payments have been typically deductible to the payor and taxable to the recipient. The income tax treatment of these payments has been a significant factor in negotiating the amount of alimony. For new divorce cases not completed before January 1, 2019, these payments are now "neutral" per the new Tax Cuts and Jobs act. The existing alimony deduction has been repealed. This means that newly divorced individuals will not enjoy the benefits/burdens of alimony taxability (unless there was a executed separation agreement preserving such previous tax treatment signed prior to the end of last year).

A New Frontier For Operating Under The New Tax Law And Divorce In Ohio

What does this mean for individuals now in the process of divorcing or who get divorced after the Tax Cuts and Jobs Act in 2019? Essentially, we are now in the infancy of operating under the new tax law and divorce Courts are evaluating a fresh and starting to formulate new positions/practices.… View Full Article → “Ohio Alimony Revisited Under the New Tax Law”

How Would an Ohio Court Deal with Alleged Adultery in a Bezos Type Divorce?

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PUBLISHERS NOTE: Neither Jeff or MacKenzie Bezos live in Ohio. They live in Washington (where Amazon is headquartered).  Nor, do we truly know all the facts of their highly publicized divorce.  This article is hypothetical in nature assuming Jeff Bezos has committed adultery and an Ohio Divorce Court had jurisdiction.

Is Adultery Grounds For Divorce In OhIo?

In the aftermath of Jeff Bezos recently announcing that he and his wife MacKenzie will be divorcing, I was asked if the divorce was in Ohio, how his purported affair would affect his divorce. In addition, I am assuming that there is no prenuptial agreement in my answer.

In Ohio, Adultery is a Ground for Divorce.

Under Ohio Revised Code Section 3105.01 (c) adultery is a ground for divorce.  It is one of 6 statutory grounds recognized for divorce plus there is also the no fault basis of incompatibility. If the grounds were contested in a trial, the wife would have the burden of proving the adultery.… View Full Article → “How Would an Ohio Court Deal with Alleged Adultery in a Bezos Type Divorce?”

Blast From The Past: Divorce: Dividing Property, Assets & Debts in Ohio

Blast from the past 13 years Ohio Family Law Blog

Property Division: Dividing Property, Assets & Debts in Ohio

PUBLISHER’S NOTE: I thought this basic primer was worth posting once again especially now that we are at the start of “divorce season”. Division of debts and assets in a divorce is not always a simple or cookie cutter process.”

Property Division in Ohio Can Be Complicated In Marriage Breakup – Hire A Experienced Divorce Lawyer Early

Depending upon the issues in a marriage breakup, dividing assets and debts is usually a preliminary topic of conversation.  This can be a complex and lengthy discussion depending upon the nature of the assets, length of the marriage, and title of the property. The first aspect of analyzing how the court may divide property pertains to whether or not the property was acquired before or after the date of marriage. If the property is separate pre-marital property, that property would remain the property of the initial owner and would not be subject to division.… View Full Article → “Blast From The Past: Divorce: Dividing Property, Assets & Debts in Ohio”

DIVORCE ALERT: The Financial Risks of Signing an I-864 Affidavit of Support to Sponsor an Immigrant to be Admitted to the Country

Alert Key Legal Update

Sponsored Immigrant Divorce Affidavit Alert

New Affidavit Form, I-864 Ensures That immigrants Who Are Admitted Into The U.S. Do Not Become Public Charges

Title II, Chapter 2, Act 212 and 213A of the Immigration and Nationality Act of 1952 provides that family-sponsored immigrants may not be admitted into the United States unless the person seeking the immigrant’s admission executes an Affidavit of Support, a.k.a. Form I-864, as codified in 8 U.S.C. 1182 and 1183a.

At its core, the I-864 is a legally, enforceable contract between the sponsor, and both the U.S. government and the sponsored immigrant.  By signing the form, the sponsor is obligated to provide the sponsored immigrant with whatever support is necessary to maintain them at an annual income that is at least 125% of the federal poverty level.  The Affidavit is intended to ensure that immigrants who are admitted into the U.S. do not become public charges.… View Full Article → “DIVORCE ALERT: The Financial Risks of Signing an I-864 Affidavit of Support to Sponsor an Immigrant to be Admitted to the Country”

Selling Your Engagement Ring After Your Divorce?

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Online Diamond Retailers Offers Quick Transaction For Your Engagement Ring Over Big-Name Jewelers And Pawn Shops

After you’ve gone through the heartache of getting a divorce, there’s one more headache perhaps to deal with: the engagement ring. It’s a once priceless item that is now an ugly reminder of what you’ve just endured. If you decide you can’t bear to hang on to the ring, there are some options out there for you.

There is always the option of the big-name retail jewelers (such as Kay or Jared’s), pawn shops, or auction houses, but these places rarely offer top dollar and will try and use their in-person sympathy to extract a lower price from you. Large auction houses generally won’t care about your ring unless it has a very large, rare, or colored diamond in it. Big-name jewelers are often limited by how much they can offer you, in an effort to keep their own overhead costs low.… View Full Article → “Selling Your Engagement Ring After Your Divorce?”

Should I Hire a Psychologist During a Divorce?

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How To Pick The Right Psychologist During Divorce If Therapy Is The Right Choice For You

When you decide it’s time to see a psychologist, the array of options out there may be a little daunting at first. To narrow this list of psychologists down, the American Psychological Association has put together a guide to make sure you choose the right psychologist for you.

First, you should evaluate whether therapy is right for you. Reasons to go to therapy include prolonged periods of feeling helpless, inability to do daily activities, excessive worrying, or harmful actions that hurt not just yourself, but others around you. Any of these reasons may be a good reason to go to therapy, but this list is far from exhaustive. Other reasons can facilitate the need for therapy, such as a major life change, lack of change, or trauma. Major life changes can include divorce or separation from your partner, so it’s good to have a psychologist to help you understand and process the myriad of emotions you’re sure to be feeling.… View Full Article → “Should I Hire a Psychologist During a Divorce?”

Generationally the Divorce Rates in the U.S. Differ Greatly!

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The U.S. Divorce Rate Is Falling According To Recent Analysis, But Why?

The millennial generation is once again showing that they are not like their elders.  They are staying married! According to an analysis conducted by Professor Philip Cohen, a sociology professor at the University of Maryland, from 2008 to 2016, the divorce rate has dropped 18 percent.

Generation X and millennials are not following the same path as their elders. The older generations tended to marry younger, then get divorced, and then often remarry. The younger generations are being more selective about choosing a mate, and are getting married at an older age. They have decided that getting their education completed, establishing a career and obtaining financial stability is a priority before taking those vows. Demographers have been addressing why the divorce rate is falling and what this news means for current newlyweds.

One possibility is that older couples who decide to commit to a marriage are not as likely to get a divorce.… View Full Article → “Generationally the Divorce Rates in the U.S. Differ Greatly!”

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