Law Office of Joanne Kleiner

divorce

Mar 08

The principle of equitable distribution in a Pennsylvania divorce

The Principle of Equitable Distribution in a Pennsylvania Divorce

Common law property states are those that recognize equitable distribution, and Pennsylvania is one of them. With equitable distribution, factors like separate property are considered, and it may also make a difference which of the partners filed for divorce.

There’s a Difference Between What’s Equal and What’s Equitable

Equitable distribution doesn’t mean equal division. Unlike community property states, you’re not going to split everything straight down the middle. Rather, equitable distribution takes the circumstances of both parties into consideration in an attempt to give each person what they need.

There are only nine states in the U.S. that use community property rules, which is the alternative to equitable distribution. In these states, the property is divided as equally as possible without taking into account the amount that each party contributed throughout the marriage.

What Happens in the Process of Equitable Distribution?

With equitable distribution, the process of dividing up your marital property is handled much more delicately by the courts than with community property division. The principles of equitable distribution give weight to what each spouse needs and what kind of means they’re working with after the divorce.

One common situation that comes up with equitable distribution is when one party has ended a career so that they could remain at home and look after the kids. After their marriage has ended, there’s a good chance that they’ll have a harder time supporting themselves financially, so it’s possible that a court may find that this spouse should get a bigger portion of their marital property.

The Process May Be Collaborative or Done Through Your Attorneys

Couples who are getting divorced have the chance to work out how to divide their marital property prior to court intervention in an equitable distribution state like Pennsylvania. This is comparable to how things work in community property states. Keep in mind, though, that whatever the couple decides is still subject to approval from the court.

Sometimes, this process might be done through the spouses’ divorce lawyers. But if both parties are willing and able to work together, it may be done in a collaborative environment. In the event that the couple isn’t able to come to some form of agreement in time, a resolution may be made at the court’s discretion. However, this still must be done within the state marital property law parameters, and a divorce lawyer can provide you with more information about what that might entail.

What Are Some Considerations for Equitable Distribution?

Some of the factors that are considered in equitable distribution include how long the marriage lasted, the spouse who has primary custody of any children who are still minors, and what the financial needs of both spouses are. Courts will also factor in the liabilities that each party has, both presently and going forward. One common example of this is when one person needs to pay for schooling to get their degree in order to make enough money to live on.

Any pensions earned by either party are also taken into consideration with equitable distribution as well as how much was contributed by each of the spouses to the total of their accumulated marital property. Courts will look at things like the individuals’ health, age and special needs along with any child or spousal support obligations that either one of them has to keep up with from previous relationships.

The marital misconduct of either spouse can also come up in equitable distribution. This may encompass any behavior from extramarital affairs, domestic violence or debts that were racked up from gambling.

Of these myriad factors that come into play with equitable distribution, one element that gets excluded from the considerations is premarital property because any personal property that was acquired prior to the marriage doesn’t count towards a marital estate.

If you’re dealing with a divorce in the Jenkintown area, call the Law Office of Joanne Kleiner today at 215-886-1266, and we’ll answer any questions that you might have about marital property and equitable distribution.

Mar 04

Divorce and Social Security retirement benefits

Everything You Should Know About Divorce and Social Security Benefits

Each year, roughly 50 million people collect retirement benefits from Social Security. Since these funds are such a big part of most retirement plans, it’s worthwhile to consider them in your divorce. Understanding how divorce impacts Social Security makes it easier to create smart financial arrangements.

Can You Collect Spousal Benefits After a Divorce?

The most important thing to know is that divorce doesn’t change most of the basic Social Security rules. As long as you were married for at least 10 years and have not remarried, you can collect your Social Security spousal benefits just like you normally would. Because the funds that go into Social Security are part of your joint household effort, you are still entitled to receive the benefits after you divorce.

Just like married couples, you can collect up to 50% of the amount of Social Security your ex is eligible for. Your ex cannot keep you from withdrawing benefits based on their Social Security, and the benefits that you collect won’t affect any payments to your ex or anyone they choose to marry. However, you’ll still need to follow the typical eligibility requirements associated with Social Security withdrawals. The process can be confusing, so if you have questions about your Social Security benefits, your Pennsylvania divorce lawyer may be able to help.

Eligibility Details for Ex-spouses

If you meet the main requirement of having been married for at least 10 years and not remarrying, you’ll be able to withdraw from Social Security once a few other eligibility rules are met. First of all, your ex-spouse needs to be able to collect their Social Security funds. They don’t have to be withdrawing benefits yet, but they have to be old enough to withdraw their benefits. If your ex-spouse is eligible to withdraw benefits but has not started withdrawing them yet, you need to be divorced for at least two years.

The other key eligibility detail is that you have to be eligible for Social Security payments. This will mean you need to be at least 62 years old. Keep in mind that your payments will vary depending on how soon you start withdrawing. People who wait until the full retirement age to withdraw will get higher payments. Depending on when you choose to begin collecting benefits, you will get between 32.5% to 50% of the amount your ex gets.

Finally, it’s important to recognize that your own Social Security benefits may impact your ability to withdraw based on your ex’s Social Security. No one is eligible to withdraw two separate Social Security payments. Instead, Social Security will look at all benefits you’re eligible for and only pay you the highest amount. So if your solo benefits are higher than the spousal benefits you get through your ex, you will only get your solo Social Security benefits.

Will Social Security Affect Your Divorce?

Keep in mind that Social Security is different from most other retirement details. Unlike a 401(k), your divorce lawyer doesn’t need to negotiate Social Security withdrawals during your divorce mediation. You don’t need your ex’s permission to get Social Security, and the number of benefits you get won’t affect their withdrawals at all. The government won’t even notify them when you begin withdrawing your spousal benefits.

However, this doesn’t mean you should entirely forget about Social Security during your divorce. Pennsylvania law is all about finding a fair, equitable distribution of assets during divorce. If one spouse is entitled to more Social Security retirement benefits than the other, a 50/50 asset split isn’t always fair. This type of division could mean that one person ends up with a lot more money when they retire. In these cases, your lawyer might be able to help you reach an arrangement where you get additional assets to compensate for your lack of Social Security.

If you have any other questions about divorce and retirement benefits, Joanne Kleiner is here to help. We can assist you in negotiations or mediation and finding a solution that suits everyone’s needs. To learn more about our legal services, fill out our contact form or call us at 215-886-1266

Feb 15, 2023

The effect of a gray divorce on your older children

How Does Gray Divorce Affect Adult Children?

A “gray divorce,” also known as a “silver split” or “late-life divorce,” is a term used to describe when couples who are at or over 50 years old end their marriage. While this type of split was once a rare occurrence, it has become increasingly common over the last few decades. Consequently, the number of adult children whose parents are getting divorced is also increasing.

The effects of divorce on young children are well-known, but few consider the effects of a gray divorce on older children. Although adult children may not experience the same level of distress as younger children, divorce lawyers know from experience that children can still be negatively impacted by their parents’ separation long after they’ve become adults.

It Can Alter Their Views of the Past

Many adult children of gray divorces look back on their childhood and adolescence in a new light. While they may have previously believed their family was a happy one, the news of the divorce can cause them to re-evaluate their memories. Any positive memories of their family may become clouded with uncertainty and regret.

To help adult children with this, parents should try to preserve good memories. Go through old photos and videos together and reminisce about the good times. It can be comforting for adult children to know that their parents were once happy, even if things didn’t work out in the end.

They Might Feel Blindsided

Because adult children of gray divorce are often out of the house and don’t experience the same level of direct contact with their parents’ divorce proceedings, they may feel as though they have been excluded from an important part of their familial narrative. Feelings of anger may arise if they weren’t informed earlier or included in the decision-making process.

If possible, parents should talk with their adult children early on in the divorce proceedings. Explain the reasons for the split and allow them to provide input. They might not be able to change the outcome, but encouraging them to share their thoughts can help them feel heard and respected.

Relationship Anxiety May Increase

Adult children of gray divorces may also be more likely to develop commitment issues. Many are already married when their parents get divorced, and their feelings about their own marriage can be tainted by the news. They may have entered their marriage with their parents’ marriage as a model, and the news of their parents’ divorce can cause them to doubt their own relationship.

Parents can help their adult children cope with this feeling of relationship anxiety by reassuring them that all relationships are different. The divorce can serve as an example of what not to do and be a conversation starter on how to create a healthy, lasting marriage.

They May Have Financial Concerns

Gray divorces often come with a host of financial complexities as they may have amassed more assets throughout their marriage than younger couples. This can create a great deal of stress for adult children as they may feel an obligation to step in and help their parents financially.

Adult children may also worry about logistical issues such as wills, estates, and trusts. Parents should try to alleviate any money worries their children might have by showing them their financial plans and walking them through what will happen to their assets in the event of death or incapacitation after the divorce is finalized.

Overall, adult children are likely to approach their parents’ split differently than younger children. Understanding the unique factors that come with adult children of gray divorce can help parents best support their adult children during and after the process.

If you’re going through a gray divorce, reach out to your adult children and start the conversation; they may surprise you with their resilience and understanding. Then, contact a Pennsylvania divorce lawyer for reliable legal advice and support. With a trusted legal partner on your side, you can leave the details of your divorce to the professionals and focus on healing with your family. Call the Law Office of Joanne Kleiner at (215) 886-1266 to schedule a consultation today.

Jan 14, 2023

Divorce and managing your emotions

Manage Your Emotions During a Divorce

No one wants to go through a divorce, but in some cases, it is inevitable. You may feel many conflicting emotions, such as guilt, relief, or anger. No matter what you do, it is crucial to keep those emotions in check.

Acknowledge Your Feelings

It is important to express your feelings, but you cannot keep dwelling on them, especially those negative thoughts. Ruminating about issues, problems, or events that trouble you will only make matters worse. When you are thinking about your situation, write down any thoughts. Writing your ideas down allows you to think through them more carefully. With that, you will not overreact when certain situations develop.

Consider writing down a few concerns about your legal issues. Additionally, think about what you want to ask your attorney. You will see some progress in your emotional health by taking a few minutes to think critically about your situation. While it may seem like you are not in control of the problem, writing out your concerns will allow you to manage the situation mentally.

During the divorce process, you may also experience frustration with your estranged spouse. Sometimes, they could make the process extremely difficult for you. When emotions run high in your marriage, it is not a good idea to deal directly with your spouse, but it is crucial to deal with your feelings. Instead of letting your emotions get the best of you, write a letter to your estranged spouse. You might not send it, but it allows you to express your emotions on paper.

Focus on the Future

Reliving bad memories can be a damaging and unhealthy habit. If you keep reliving the bad times, you will keep yourself trapped in those moments. Along with that, those situations or people will continue to have power over you.

If you go back to the beginning of your relationship and think about those happy moments, it can be harder to move through the divorce process. You might even feel like you are mourning a death. Yes, a divorce is an end to the marriage, but you will need to continue to move forward with your life. It is important to control your emotions and think about what’s ahead for you.

Now is the time to make plans for the future. This type of thinking can allow you to keep your emotions in check. Instead of focusing on the negativity, you should concentrate on what your life will be like in the next year. A divorce can allow you to focus on your goals and dreams. For this reason, it can help to have a divorce lawyer handle the legal process while you focus on your emotional well-being.

Speak to the Right Professional

While you might have a great relationship with your divorce attorney, they cannot solve every issue. Before calling your lawyer, check with friends, family members, or a support group. Lawyers are the right people to handle legal matters, but they are not trained therapists. Consider finding a licensed counselor or therapist who works with clients through a divorce. These professionals will be able to support you and give you a few tips to manage your emotions and other aspects of your life during a divorce.

Unfortunately, divorces can stir up plenty of emotions. While some people are great at handling problems on their own, many need to seek professional help. A therapist can help you look more rationally at the situation. Many attorneys even partner with mental health professionals to help serve their clients. No one wants you to struggle on your own. They have the resources to help you navigate the divorce process and come out the other side emotionally stronger.

Need Some Help With Your Divorce Case?

A divorce can be a complex and challenging process, especially when emotions are involved. You might want to contact a divorce lawyer to help you navigate the legal process and understand your options. Reach out to the Law Office of Joanne Kleiner at 215-886-1266 for a consultation about your Philadelphia divorce case.

Dec 13

7 Reasons Why Women Are More Likely to Initiate Divorce

The divorce rate for first marriages in the United States remains at a high level, and more than two-thirds of those divorces are initiated by women. There are several reasons why women are more likely than men to initiate a divorce and why working with a divorce lawyer can help to secure a comfortable future.

1. Lower Marriage Satisfaction

Although some women want to enter marriage more than men, once they are married, they might be less likely to be satisfied. Low marriage satisfaction involves many factors, including a lack of respect, insufficient trust, a decrease in shared interests, different political ideologies, poor emotional connection, and not enough affection. Incompatibility also plays a role in marital dissatisfaction. Women tend to want compatibility on more of life’s important issues than men.

2. Less Financial Harm Than Expected

In previous generations, few women worked after marriage. This is no longer the case. Today, divorce causes less financial harm to women than they might expect. While women on average still earn less than men, even in the same career or job, they are less likely to be in dire financial straits after a divorce than they were decades ago. Increasing educational levels and a greater number of women in the workforce mean that a divorced woman can provide for herself in many cases.

3. Reduced Reliance on Men

Women no longer have to rely on men for access to resources. When looking at human evolution, females tended to stay closer to home, tend to the children, gather nearby food and water, and handle the domesticated animals while males traveled a greater distance to hunt and secure other resources. Today, women have more access to resources. Laws passed in the last century allow women to have a bank account and credit card without a man’s permission. Women can also sign a lease, buy a home, and take out a loan without a male co-signer.

4. More Self-awareness

Past generations of women were taught to cater to the needs of men. This started from a young age when girls had to serve their brothers or father at home. Today, more women are taught to be self-reliant and self-aware. This greater sense of independence means women aren’t as afraid to be divorced.

5. Social Changes

Society doesn’t look down on divorced women like it used to. Birth control and access to education have allowed women to take charge of their futures. These social changes reduce the guilt that women feel for wanting out of their marriages.

6. Mismatch in Marriage Benefits

Heterosexual marriage remains a gendered institution. After a man and woman get married, the man reaps more benefits than the woman. Social expectations typically result in married women doing more hours per week of household chores and childcare than married men, even if both partners have full-time jobs. This often leads to a buildup of stress, frustration, and resentment that eats away at the core of the marriage.

7. Out-of-court Options

Today’s divorce process offers more out-of-court settlement options compared to what women could access a generation ago. It is often no longer necessary for a divorce lawyer to litigate a case in court. By choosing other options, such as mediation or collaborative law, women can keep their personal business out of the public’s eye. These alternatives can cost less, require less time, and help to improve communication for future co-parenting and other needs.

When you’re considering a divorce, a no-court option may be a helpful solution. Staying out of court takes some of the stress out of the process and may help you set up a collaborative communication system for the future. Consulting with divorce lawyer Joanne Kleiner provides you with information about your rights and how Pennsylvania divorce cases work so that you can make an informed decision about how to move forward. To make an appointment, call the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania at (215) 886-1266. You may also request a consultation by completing our contact form, and an associate from our office will reach out to you.