Westport Family Law Blog

The challenges of dividing a retirement plan in divorce

Determining the division of complicated retirement assets is often a component of the divorce process. Achieving the best outcome will usually require an experienced attorney and will also sometimes require the employment of experts in other fields, such as accounting or asset valuation depending upon the complexity of the asset to be divided.  Additionally, the parties may need to obtain a qualified domestic relations order (QDRO) from the court to avoid incurring taxes and penalties resulting from early withdrawal.


Potential Pitfalls Of Collaborative Divorce

In a collaborative divorce, both parties typically agree to work toward an agreement on issues such as child custody, child support and the value and division of marital property. Some attorneys fail to serve their client’s interests by promoting collaborative divorce as an effective attempt to decrease the amount of time and conflict involved in the dissolution of your marriage. While this is possible, collaborative divorce may not serve as an appropriate course for all families. Spouses would be well served to consider the potential pitfalls of a collaborative divorce before choosing a divorce strategy.


The use of expert witnesses in divorce

People of substantial means commonly engage numerous experts when they get divorced. Disputes may arise regarding alimony, the division of financial assets, child custody and parenting-related decisions. Either party can ask a judge to consider the testimony of experts who look at everything from the value of real estate property to the impact of a living arrangement on a child's well being.

What types of experts may be relevant to your case? The most common area for expert testimony is asset valuation. Business and real estate valuation experts and forensic accountants may present technical information pertaining to a specific subject. For example, experts may be required to determine the accurate value of a piece of real estate, or the accuracy of the financial disclosure that your spouse has made to the court.

Parenting Has Become Much More Intense

Modern parents are much more engaged than previous generations. In fact, studies show that working moms today spend an equal amount of time with their children as 1970s stay-at-home moms did. Furthermore, parents are spending substantially more money raising their children.

Can Increased Resiliency Help You Through Your Divorce?

For most people, divorce is a major source of stress. It disrupts day-to-day life and can be a very emotional process. While careful preparation and the assistance of a trusted attorney can help to ease the stress, an individual's resiliency may also have an impact.

An opinion piece from the New York Times argues that people may have the power to increase their resiliency, which can be beneficial in stressful times.

Do Entrepreneurs Face More Marital Challenges?

Amazon founder and CEO Jeff Bezos and MacKenzie Bezos recently announced that they are getting a divorce after 25 years of marriage. This case highlights the challenges that business owners and executives often face in equitably dividing their assets during a divorce.

How To Avoid Choosing The Wrong Divorce Attorney

The attorney you choose to guide you through the divorce process will play a critical role in the outcome of your case. Choosing the wrong attorney can prove costly, time-consuming and ultimately impact the division of property, child custody and more. Thankfully, there are measures you can take to increase the likelihood of choosing the right attorney for you.

Is Divorce Public In Connecticut?

Divorce is a private matter. Most people would prefer to keep it confidential, particularly when they wish to limit the disclosure of sensitive or proprietary financial information or trade secrets. Some cases involve allegations of salacious information that could potentially harm a person's character. However, divorce is a matter of public record in Connecticut.

How Effective Are Premarital Agreements In Divorce?

People going through a divorce often assume that challenges to premarital agreements are impossible. However, not all premarital agreements are enforceable. The Connecticut Premarital Agreement Act, passed in 1995, lists a variety of factors that could potentially make the premarital agreement unenforceable in a divorce.