Month: May 2020

Older generations often describe younger people as impulsive, self-interested and less likely to commit to a long-term relationship. Even if that is true, recent data shows a rise in divorce rates among those older than age 50. People in that demographic may have a multitude of understandable reasons to end their marriage, but there is a key difference.

If you are over the age of 50 and thinking of divorcing here in Texas, you may want to consider just what the impact will be to your finances. Older people generally have been married for a longer period of time and thus have more assets to divide in a divorce agreement. Experts say that there are certain factors you’ll want to keep in mind as you go through the process of divorce. This way, you’ll be better prepared for potential financial impacts.

Plan for lifetime expenses

When an older person gets a divorce, it doesn’t mean he or she doesn’t have plenty of life left to live. One recent statistic found that people aged 65 could expect to live almost 20 additional years. They need to think of what kind of expenses they may need for the rest of their life. If they happen to divorce, they will likely divide their assets between themselves and their ex-spouse. That leaves the person with less money for not just living expenses but potential medical costs.

Medical and day-to-day finances aren’t the only consideration. Certain tax laws may greatly affect each person’s future finances. Some people may pay their ex directly from a retirement account, but both a 401(k) and IRA payout may incur taxes and penalties. It is a better idea to get a qualified domestic relations order for your 401(k) and to list an IRA trustee-to-trustee payment explicitly in your divorce decree.

What if you get married again?

It isn’t uncommon for people this age to remarry. However, if they do so and subsequently divorce again, that could mean an even more significant impact on the person’s finances. Even if that marriage continues for the rest of the person’s life, his or her assets may end up with the other spouse’s children from a different relationship other than their own. The best way to avoid all of that is to get a prenuptial agreement that outlines exactly how to handle finances in the event of divorce or death. 

No matter what the future may hold for you, divorce doesn’t have to destroy your finances. Working with a divorce and family law attorney can give you the confidence to work through your divorce proceedings and feel good about the future. It is yours to make, no matter your age.

Divorce can happen to anyone for any reason. Various studies say that the overall rate of divorce is on the decline. Some say this may be due to fewer people getting married, but overall, fewer couples are choosing to legally dissolve their marriages. 

However, the rate of divorce among older people, according to many of these same studies, is rising. Data from the Pew Research Center found that the divorce rate for people age 50 and older doubled in the last 30 years. Many Texas residents may struggle after their marriage ends while they try to adjust to a new set of personal finances. The struggle often comes to a head when considering their retirement savings. Fortunately, if this applies to you, experts say there are ways to minimize the impact of divorce on your retirement.

Change your day-to-day finances

If you haven’t been working, you may want to get a job. Consider your skill set, and know that you may have to start somewhere that isn’t your dream job. If you’ve been working, definitely stay at your job if you can, since it’s often the best means for getting health care. Even though COBRA is an option, it may not be the most cost-effective one.

Another point to consider when thinking about your immediate need for money is your budget. If you don’t typically do your own budget, you’ll want to start. Even if you have been the one handling all the family finances, you may need to make adjustments to your spending or income. This is also how you can build a savings account if you don’t have one and start your retirement fund. Experts recommend investing in low-risk funds, especially if you don’t have a lot of years before you’re going to retire.

Take stock of your potential income and assets

If you can, try to wait as long as possible to collect Social Security. That way, you will receive the maximum amount of benefits possible. If your spouse worked and you didn’t, as long as you were married for at least 10 years, you qualify for Social Security benefits through him or her.

If you and your spouse shared a home, though it may be tempting to keep it, selling it may be the better financial choice. Many people think they can wait until retirement and sell the home, but not many people actually do that. If you’re going to keep it, you’ll need to make sure to maintain it, which is more costly on one income.

Start your own retirement account

If you don’t already have your own retirement savings, now is the time to start. Creating an account may be vital before finalizing your divorce because, if you receive any retirement assets as part of the divorce agreement, you’ll need somewhere to put them. An IRA is likely the best bet as long as you leave the assets in place until about age 60.

The most important thing you can do is consult professionals to help you navigate this transition. A financial planner can look at multiple aspects of your personal finances and recommend how to proceed. An attorney who has extensive experience in helping people through the divorce process can serve as your advocate, making sure that your best interests are kept top of mind.

When you get married, you file the legal agreement in the state that you reside in at the time. If you then choose to get divorced, but you have moved since the marriage, does this mean that you have to return to the other state to divorce?

For instance, perhaps you and your partner are from Maryland. You got married there in 2010. In 2012, you moved to Texas for a job opportunity. You have lived there since. Do you have to fly back to Maryland just to get divorced, or can you do it in Texas?

You’ll be glad to know that you can divorce in Texas in this example. It does not matter where you got married. The Texas courts can still take care of everything for you — though you will be bound by the divorce laws in Texas, not those in Maryland, so it’s important to understand any significant differences.

The one stipulation about divorce in another state is that you must meet the residency regulations in that state. You cannot just drive across the state line for the afternoon, perhaps because you like the divorce laws in that state more, and file for divorce. In this example, you do satisfy those requirements and you have been living in Texas for years. But those thinking of making a quick stop in another state need to know that they can’t do so just to file for a divorce.

If you have any questions about the divorce process in Texas or the different laws, it helps to work with an experienced team that can provide those answers.

Children are generally automatically assumed to be their mother’s biological children when they’re born to them. This isn’t the case with fathers though. Unmarried dads must establish their paternity before they’re allowed to exercise their parental rights to visitation or custody with their child. One way that fathers can do this is by taking a deoxyribonucleic acid (DNA) paternity test. You may be surprised to find out just how accurate such tests are.

Data compiled by the National Human Genome Research Institute (NHGRI) shows that DNA tests are a particularly effective tool for determining paternity. They are 100% accurate at excluding a man as the father of a child. DNA tests can be used to confirm that a male is a dad with 99.9% accuracy.

In case you’re wondering how these tests are performed, it involves a clinician taking a small sample of tissues or bodily fluids from both you and your potential child. That genetic material contains both chromosomes and genes and is unique to both of you. Half of your’s and the mother’s genetic material join and form the child. A small sample from both you and a child can show geneticists whether you two share a biological parental connection or not.

Clinicians can sample cells from around the body. The ones that they most often take and test for paternity are buccal (or cheek) cells and blood. The genetic profile of samples like these is consistent no matter what bodily source they come from.

Unmarried fathers generally don’t enjoy any parental rights to their child until they establish their paternity of them. This means that you aren’t legally entitled to visitation or custody of your child. You’re also not entitled to make any decisions about their education, religious upbringing or medical treatment unless you’ve established your paternity either.

If you aren’t listed as the father on your child’s birth certificate and their mother seems reluctant to sign any necessary paperwork to add you to it, then you should initiate the paternity process right away. An attorney here in Dallas can advise you of the steps that you must follow to move forward in establishing paternity and exercising your parental rights here in Texas.