Common Issues in Divorce of People Over 50

Getting divorced over the age of 50 can present some issues that might not be as prevalent in divorces of younger individuals.

First, the accumulation of community assets  is far greater in older couples than in younger ones.   This may include significant real property and retirement accounts accrued during marriage.  In my experience, the more assets a couple has, the more they are apt to want to litigate the divorce as opposed to coming to an amicable settlement.

Additionally, since typically the divorcing couple will have been married for 20+ years, certain aspects of the spousal maintenance statute come into play that might otherwise not.  For instance, the spouse requesting maintenance may now be deemed too old to go back to school to get a degree to help with gaining adequate employment.  They also may be deemed to have been out of the work force for so long that it is not reasonable that they can find adequate employment.  Lastly, they may suffer from a medical condition preventing gainful employment.

When dealing with marriages of a long duration, it is also possible that the spousal maintenance award can be forever (it will always terminate by law if the spouse receiving the maintenance remarries).

Emotions often run high in divorces of people over the age of 50.  Whether this is the result of years of pent up frustration and anger or infidelity by one spouse, high emotions and divorce are not a good recipe for a quick and amicable resolution.

All told, divorces for couples over the age of 50 are typically more difficult than those of younger individuals.

Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com
 

10 Things to Know to Help Your Children thru Your Divorce

While divorce is never a pleasant thing, a divorce with children is an exponentially more difficult process.  Your children will be affected by the fact that their parents are separating.  However, here are ten tips to help soften the impact on your children:

1. All children are not created equal - there is no cookie cutter method to helping a child thru a divorce;
2. Don't burden a child with your own anger - your child doesn't need to know that your spouse had an affair, etc;
3. Emphasize to your child that he or she is not the reason for the divorce - children often blame themselves.  Make sure to they are understand they had nothing to do with it;
4. Allow your child to show emotion - don't hesitate to seek professional help if you feel your child could benefit;
5. Let your child know that he or she is your first priority;
6. Don't use your child as a bargaining tool;
7. Don't use your child as a substitute spouse - your child cannot fill your ex-spouses shoes.  Your child needs to spend more time with his friends and family members even when you are lonely and no one else is around;
8. Keep your judgmental attitude to yourself - if your ex starts dating again don't make degrading remarks about his or her new love interest;
9. Don't be a Disneyland dad (or mom) - don't attempt to buy your child's love;
10. Most of the time, all children want and need is love.

Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com

How to Keep Your Ex-Spouse from Ruining Your Credit

Divorce certainly leaves a person in worse financial shape than they were prior to a divorce.  The reality is you end up with approximately half the income and assets that you had previously.

As a result, divorce is one of the most common causes of bankruptcy.  Here are some strategies for helping you keep your finances in good shape after a divorce:

1. Get a copy of your credit report.  Make sure to check it for inaccuracies as errors on your report can lower your credit score and increase your interest rates.  You may soon be needing to take out a loan for a new car or house.  
2. Separate your credit from your ex.  This means you need to close any joint accounts that you have.  Cancel any credit cards that are in both of your names.  You should seek an order in your divorce that any loan associated with any  property awarded to your spouse be refinanced to get you off the loan.
3. Examine your debt.  Take a good luck at your debt and your new monthly income and determine whether you can meet your debt obligations.  If you can't, its time to examine your monthly expenses to see where you can save some money.  Otherwise, you may end up filing for bankruptcy which will stay on your credit report for several years.
4. If you file bankruptcy, immediately start rebuilding your credit.  As soon as your bankruptcy is completed you'll want to take out some credit cards and put minimal amounts on them every month and pay them off in full every month to rebuild your credit history.  Many lenders like to loan to post-bankruptcy individuals because they know you cannot file bankruptcy again for eight years.

Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com

In Arizona Divorce Do I Have an Interest in My Spouse's Separate Property?

As a general rule in an Arizona divorce or legal separation, the parties are awarded an equitable distribution of the community property and each party is awarded their respective separate property (to the extent they have any).

Property acquired during marriage is as a default community property.  Separate property is typically defined as property obtained prior to marriage or obtained during marriage via gift or inheritance.  While this separate property remains the separate property of a spouse, there is Arizona case law which permits the community to gain an equitable lien in the separate property of the other spouse.

A typical instance in which the community may gain an equitable lien in the separate property of a spouse is when one spouse mixes community time and labor with their separate funds.   For example, you may have one spouse whose primary business during marriage is to take his sole and separate funds and engage in hard money lending.  He spends all of his working day engaged in this activity.  Under this scenario, the community has an equitable lien in the profits and business because of the community labor that was involved.

"Arizona courts have long agreed that the results of a spouse's labor are community property."  Rueschenberg v. Rueschenberg, 219 Ariz. 249, 252, 196 P.2d 852, 855 (2008).

The Court in Rueschenberg went on to say, "[W]here either spouse is engaged in a business whose capital is the separate property of such spouse, the profits of the business are either community or separate in accordance with whether they are the result of the individual toil and application of the spouse, or the inherent qualities of the business itself."  Id. at 257, 860.


Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com

Factors Arizona Courts Look at in Deciding Child Relocation Issues

In the last year I have seen a great upswing in Arizona child relocation issues.  Perhaps this is a result of our economy and the fact that a lot of people are in job transition.

Arizona has a statute, A.R.S. 25-480,  that deals directly with the child relocation issue.  

The statute comes into play when a parent wants to relocate with a child either out of the state or more than 100 miles away.

In determining whether to grant a request for relocation, the Court focuses on what is the best interests of the child(ren). 

The factors include:

1. Those set out in ARS 25-403 (best interest factors in determining custody);
2. Whether the relocation is being made or opposed in good faith and not to interfere with or to frustrate the relationship between the child and the other parent;
3. The prospective advantage of the move for improving the general quality of life for the custodial parent or for the child;
4. The likelihood that the parent with whom the child will reside after the relocation will comply with parenting time orders;
5. Whether the relocation will allow a realistic opportunity for parenting time with each parent;
6. The extent to which moving or not moving will affect the emotional, physical or developmental needs of the child;
7. The motive of the parents and the validity of the reasons given for moving or opposing the move including the extent to which either parent may intend to gain a financial advantage regarding continuing child support obligations; and
8. The potential effect of relocation on the child's stability.

Overall, it is has been my experience that the Court is predisposed against relocation, mostly because it typically greatly reduces the parenting time of the non moving parent.  As such, I counsel clients attempting to relocate that to be successful they need to have some real compelling reasons for the move and a plan to facilitate ample parenting time with the other parent.

Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com