Divorce and Your Health Insurance Options

Divorce may leave you wondering how you will access certain benefits you previously gained through your partner. For example, how will you navigate health insurance without your spousal benefits? Rest assured that you may have several options for securing health insurance after your divorce. 

Exploring your options can help you feel more confident starting the divorce process. Your attorney can also provide valuable advice as you learn to gain financial independence from your spouse. 

Other Options for Seeking Health Insurance

While sharing your spouse’s health insurance benefits may have been convenient during the marriage, this is not your only method of securing health coverage. There are other potential options for health insurance after divorce. 

  • Check with your employer: If you are employed, your employer may offer health insurance benefits. Check with the Human Resources department to understand the insurance options available to you. Divorce counts as a Qualifying Life Event (QLE) for many insurance providers, offering a Special Enrollment Period (SEP) that could allow you to start coverage outside the typical enrollment window. 
  • Explore COBRA coverage: The Consolidated Omnibus Budget Reconciliation Act could allow you to stay on your ex-spouse’s employer-sponsored health insurance for up to 36 months as long as their employer has at least 20 employees. 
  • The Health Insurance Marketplace: If you are not eligible for coverage through an employer, you can explore marketplace insurance, which allows you to purchase coverage directly. Premiums depend on a range of factors, such as your age, health conditions, tobacco use, etc. 

Some couples choose to go through legal separation rather than divorce to maintain benefits like health insurance. While legal separation is not formally recognized in Pennsylvania or New Jersey, it is a lifestyle option to explore if staying on your partner’s health insurance is critical. 

Whose Insurance Will Cover Your Children? 

Divorcing couples also need to consider whose insurance will cover their children. It might make sense for the custodial parent to cover the children through their health insurance plan. This may be different from how you covered them previously. 

The birthday rule dictates which parent’s health insurance acts as primary coverage for the children. It states that the parent whose birthday falls earlier in the year generally uses their insurance as the primary plan for the children. You and your spouse may choose to still follow this method of determining dependent coverage. 

Will There Be a Lapse in Coverage? 

In Pennsylvania, it can be challenging to predict exactly what day your divorce decree will be finalized. It is up to the judge who is overseeing your case.

Setting up insurance to start on the day your shared coverage ends might not be doable. Consider whether there might be a lapse in coverage and whether you want to look for temporary coverage to fill the gap. 

Seek Divorce Assistance From Karen Ann Ulmer, P.C. 

Navigating health insurance after divorce is just one of the many challenges that often arise during this process. Karen Ann Ulmer, P.C., helps divorcees start moving forward. For a confidential consultation, contact us today at (866) 349-4117.

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Out-of-State Spouses and Divorce: Can You File for Divorce From Another State?

It is not uncommon for couples starting the divorce process to live in separate states. Perhaps they have been separated for some time, or one spouse has recently moved to a different state to gain distance from the marriage. However, navigating a divorce when your spouse is out of state might be a bit more complicated than a typical divorce case. 

Can you file for divorce from another state? Here are a few considerations for out-of-state divorce. 

Where Should You File for Divorce?

Divorce cases typically cannot take place in two different states at one time. The spouse who files for divorce will do so in the state that then has jurisdiction over the case. 

Many states have residency laws for filing for divorce. For example, to file for divorce in Pennsylvania, one or both of you must have resided in the state for six months or longer. These requirements might dictate who starts the divorce process in your marriage. 

There could also be advantages to filing in a specific state. Some states, Pennsylvania included, allow for no-fault divorce, meaning you do not need to prove grounds for a dissolution of marriage. Review the divorce laws in both states and consider which would potentially allow for a more streamlined divorce process.  

Do You Both Need Local Attorneys?

Can you file for divorce from another state? You can, but one spouse may need to travel to the other spouse’s state for in-person court appearances. You may wonder whether this means you need to hire an attorney in the state of filing or in your current state of residence. 

There are potential advantages to both options. Hiring an attorney in your area makes it easier to meet with them and strategize about the case. However, hiring an attorney in the filing state ensures that they have the proper licenses to practice in that state and understand applicable divorce laws. 

A good out-of-state attorney will help you manage communication, differing time zones, and other potential challenges.

Service of Process Across State Lines

Filing for divorce requires you to officially serve your spouse with the divorce papers. If your spouse resides in a different state, you can hire a process server in their area to complete the delivery. 

Process servers often work with nationwide networks of professionals to deliver legal documents across the country. They can serve your spouse according to applicable state laws and even help you track them down, should your spouse be unreachable. 

Developing Parenting Schedules Across State Lines

Finally, if you and your spouse share children, you will need to consider how parenting time will work if you live in different states. You may need to use mediation to resolve disagreements or allow the judge to determine a parenting schedule for you based on all relevant factors. 

Karen Ann Ulmer, P.C., represents divorcees in Pennsylvania and New Jersey. We can help you file for divorce from another state and navigate any complexities that arise. 

Contact us at (866) 349-4117 for a confidential consultation. 

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Entrepreneurs Navigating Divorce: Tips for an Effective Divorce Process

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Dividing marital assets can be challenging in any divorce case. But if you are a business owner, you may be concerned about what percentage of the business your spouse might lay claim to. 

Entrepreneurs navigating divorce need experienced legal counsel to advocate for their rights. Here is what you need to know through this process. 

Is Your Business a Marital Asset? 

Pennsylvania law distinguishes between marital and separate property in a divorce. Marital property includes any assets and debts acquired during the marriage. The court would seek to divide these assets using an equitable distribution policy. 

Your business may be considered a marital asset if you launched it during the marriage. Even if you started it before the marriage, its increase in valuation during the time you were married may be considered a marital asset. 

If you have a prenuptial agreement stating that your business is your property alone, you may not need to be concerned. Otherwise, it will likely be subject to at least partial division. 

Protecting Your Business With No Prenup in Place 

Your attorney will help you strategize ways to protect your business in the absence of a prenuptial agreement. You may consider options such as:

  • Structured buy-outs, in which you buy out your spouse’s interest in the business. This would allow you to retain ownership of the business while compensating your spouse for their share of the business value.
  • Trading assets, or allowing your spouse to keep assets like retirement accounts or home equity in exchange for you keeping the business  

Business Valuation and Tax Implications 

You will need to understand the value of your business when navigating a divorce as an entrepreneur. Several valuation methods are common for this purpose. You might calculate the value of the business’s tangible and intangible assets, estimate its ability to generate earnings or cash flow in the future, or compare it to other, similar companies in the industry that have been sold recently. 

For your divorce, you will need to trace the revenue you received from the business and separate it from personal assets. This can help you avoid commingling your business with other marital assets and potentially losing more of its value in the divorce than you otherwise would. 

Also, consider the potential capital gains or other tax consequences you might face from dividing business interests. Working with forensic accountants and tax professionals can help you approach this process strategically. 

Planning for the Long-Term Potential of Your Business

Courts often consider future earning potential when determining the division of assets in a divorce. If your business is in a position to grow significantly in future years, the court may factor this into its valuation. 

Your attorney can help you address growth projections fairly and accurately during divorce proceedings. 

Going through a divorce as an entrepreneur can be complicated, especially if you have multiple businesses. Our attorneys at Karen Ann Ulmer, P.C., can advocate for your rights during this process. 

Contact us today at (866) 349-4117 for a confidential consultation.

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Seeking Spousal Support for Stay-at-Home Moms

Going through a divorce as a stay-at-home mom can be stress-inducing. How will you afford to stay home and care for your kids without your partner’s income supporting the family? 

Stay-at-home moms often qualify for spousal support or alimony in Bucks County divorce cases. But how much alimony can a stay-at-home mom receive, and how long does this benefit last? Here is what you need to know. 

How Long Do Alimony Payments Continue for Stay-at-Home Parents? 

In Pennsylvania, the court determines the amount and duration of alimony awarded to a stay-at-home parent on a case-by-case basis. A judge would consider the receiving spouse’s financial need and income potential, among many other factors.

However, alimony is often awarded for just three years, which can place financial hardship on stay-at-home parents and seem unfair. Working with an experienced divorce attorney can help you support your need for alimony and seek a fair payment duration. 

How Stay-at-Home Parents Can Prove a Need for Spousal Support

How much alimony you can receive as a stay-at-home mom depends on your financial needs, among other factors. Your divorce attorney can help you support a need for sufficient alimony by presenting a loss of income potential. 

Perhaps you left your career to stay home with the children. Or maybe you never started a career because you had kids at a young age. Your role as a stay-at-home parent can significantly affect your earning potential for some time. You may face challenges finding gainful employment, or you may be unable to work outside the home due to your role as your children’s caretaker. 

Your attorney can help you quantify the value of the care you provide for your children and factor in your loss of income potential to determine a fair spousal support amount. Often, the goal of spousal support is to help the receiving partner maintain a similar standard of living while they pursue financial independence. 

Other Options for Stay-at-Home Parents Facing Financial Dependency in a Divorce

While some marriages lead to a need for permanent spousal support in divorce, the court often prefers to award this benefit only for the amount of time necessary for the recipient to successfully reenter the workforce. Creating a plan for reentry can help you feel more confident facing the financial changes that arise during divorce. 

You might consider:

  • Taking online classes to work toward a degree
  • Seeking career coaching
  • Being open to different types of work that may allow for flexibility with childcare
  • Sharing child custody with your spouse to give you the opportunity to work part-time

In the divorce, you might request that the judge award you more marital assets to help make up for your financial needs. Taking a lump sum in the divorce settlement may sometimes be a good idea to give you a financial cushion. 

Seek Guidance and Support From a Divorce Attorney

At Karen Ann Ulmer, P.C., we often represent stay-at-home parents during the divorce process. We can help you understand how much alimony you might receive and advocate for your rights and interests throughout your divorce case. 

Contact us today at (866) 349-4117 for a confidential consultation.

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Divorcing an Addict

Addiction can place significant strain on your relationship and ultimately lead to the breakdown of your marriage. If you are considering divorcing an addict, you likely have a strong reason for doing so. Approaching the divorce process strategically is important to protecting your rights and safety. 

Our team will put considerable time and effort into protecting you and your children during this very difficult time and long into your future.  

Protecting Yourself and Your Children 

Divorcing an addict is about more than just ending a marriage. You may also be considering divorce as a means to ensure your safety and protect your children. 

Still, you might feel complex emotions around the divorce. Perhaps your spouse has changed significantly since they began struggling with addiction, and you miss the person they were before their substance abuse became an issue. Or maybe you want to hold on to the idea that they could one day overcome their addiction. 

Through these emotions and thought processes, it is essential to prioritize your family’s safety above all else. In some cases, divorce may be a necessary step to protect yourself, and understanding your rights can help you navigate this process smoothly. 

Proving Addiction in Court

The court may take your spouse’s addiction into account when making decisions about custody, visitation, spousal support, division of assets, and more. Depending on the circumstances, your divorce attorney may help you collect evidence to prove your spouse’s addiction, such as:

  • Medical records
  • Police reports
  • Witness testimonies from neighbors or therapists

Presenting this evidence in court could help the judge make informed decisions about your spouse’s ability to parent or manage finances. Additionally, if you have previously been responsible for expenses like rehabilitation therapy, you may want to bring these up during discussions of asset division and alimony. 

Considering How Addiction Might Impact Custody

Addiction can impact a person’s ability to safely parent their children. The court aims to encourage children to spend time with their parents while also prioritizing their best interests when making decisions regarding custody.

If addiction poses a risk, the court might only allow supervised visitation rights for that parent. The court might also mandate other measures, such as routine drug testing, to monitor the addicted parent’s behavior and parenting abilities.  

The Importance of Iron-Clad Agreements 

When divorcing an addict, there might be a level of unpredictability around whether they will relapse, what their finances will look like in the future, and how their behavior will change. An iron-clad divorce agreement can help protect against future disputes and uncertainties. 

Work with a lawyer to create detailed, enforceable agreements on issues like:

  • Who can make decisions for your shared children
  • Any substance use conditions your spouse must meet, such as random testing
  • What custody and visitation will look like
  • Who will financially support the children

If your spouse’s behavior changes after the divorce, you can refer back to these agreements for guidance. 

Divorcing an addict presents unique challenges. Whether you are navigating a custody battle or sorting through feelings of codependency, Karen Ann Ulmer, P.C., can provide legal guidance through this process. Call (866) 311-4783 for a confidential consultation. 

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Divorcing and Your Spouse Just Spent All the Money

Divorce sometimes provokes adversarial actions in people. If you are going through a divorce and your spouse has intentionally spent a large sum of money from your shared accounts, you might be feeling hurt, betrayed, or angry. Understanding your options can help you navigate this situation and start rebuilding your finances. 

The most important factor here is the date of separation. If you and your spouse agreed to divorce and then they went on a spending spree, your case is much easier to prove.  

Proving Their Financial Behavior

Perhaps your spouse went on a “revenge spending spree” as a way to retaliate against you for initiating a divorce or taking other actions they find unfavorable. Perhaps they gambled away your shared assets or spent a substantial amount of money on a vacation. In any case, the money is gone, and you are likely wondering what steps you can take next. 

Again, we rely on the date of separation – and if your divorce is already filed, then even better.  

Gathering evidence that your spouse intentionally wasted your money is key. Request copies of all financial records showing these activities. For example, your credit card statement will show all the transactions that led to the card being maxed out, along with the dates of each transaction. 

These financial records will help you prove that the overspending was intentional and not part of your family’s normal spending habits. 

Exploring Solutions for Wasteful Spending 

Your divorce attorney can help you explore your options after your spouse intentionally wastes money in your shared accounts or shared assets. They can also petition the court to mandate that your spouse return the funds they spent, and we will work with you to ensure that any available funds are used to compensate you.  

During the divorce proceedings, your attorney can help you request an equitable distribution of assets that accounts for the money spent by your spouse. In some cases, the court may adjust the division of marital assets to reflect one party’s excessive spending. 

Preventing Future Spending and Rebuilding

Taking steps to safeguard your assets can help you prevent your spouse from further unauthorized withdrawals. 

  • Freeze all shared accounts and credit cards to prevent any unauthorized transactions. 
  • Monitor financial activity closely and notify your bank if you suspect any wasteful or extravagant spending by your spouse.
  • Open a separate bank account and start transferring your income into it. Take caution when transferring funds from your existing accounts, as such actions could be scrutinized during your divorce proceedings. 
  • Have our team put clear agreements in place regarding all financial matters as we work to finalize your divorce.  

Divorce has financial implications even when both spouses cooperate fully. You may want to consider taking steps to start rebuilding your financial situation now. For example, you might want to explore a part-time job or a higher-paying career path. It may also be helpful to start calculating whether you can afford major expenses, such as a mortgage or car payments, on your own. 

Turn to Karen Ann Ulmer, P.C., for Assistance 

If your spouse has spent an excessive amount of money from shared accounts, there may be additional challenges to prepare for during the divorce process. Having a legal professional on your side can help you respond to your spouse’s behaviors appropriately while protecting your interests. 

Whether you are encountering a custody battle, alimony disputes, or other elements of a contested divorce, turn to Karen Ann Ulmer, P.C., for assistance. Call (866) 311-4783 to request a consultation. 

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Divorcing Later in Life

Divorcing later in life, sometimes referred to as gray divorce, presents a few unique challenges. The longer you have shared a life with someone, the more interwoven your finances, assets, and livelihoods have likely become. Untangling these matters may benefit from the support of an experienced legal professional. 

Understanding the complications that sometimes arise with this process could help you feel more confident navigating them. 

Essential Considerations When Divorcing Later in Life 

Perhaps you and your spouse are nearing retirement age, or your adult children have recently moved out of the house. Many circumstances might prompt a couple to divorce later in life. When going through divorce proceedings, consider how you and your spouse will navigate each of the following potential issues. 

  • Supporting two households: You and your spouse are used to sharing expenses. Now, the income you previously shared to support one household will need to stretch farther to support two entirely separate households. 
  • Retirement: You and your spouse will need to divide retirement assets that you might have previously planned to share. This reduces the funds you each have available and may delay your retirement.  
  • Alimony: Alimony is somewhat common for couples divorcing later in life. If one spouse earns significantly more than the other, consider how alimony might be a factor in your divorce. 
  • Estate planning adjustments: You and your spouse might each need to adjust your estate plans to reflect your new marital status. You may need to remove each other as beneficiaries, update power of attorney documents, and adjust your life insurance policies. 
  • Adult children: If you and your spouse were planning to pay for major expenses such as college or weddings for adult children, talk about how you will approach these costs when separated. 

Consider Alternative Dispute Resolution for “Late Life” Divorce

Some couples who divorce later in life benefit from alternative dispute resolution methods as opposed to going to court and allowing a judge to make major decisions for them. For example, divorce mediation encourages you and your spouse to discuss and reach a mutual agreement on issues such as the division of assets and alimony. 

Alternative dispute resolution methods are sometimes less stressful and emotionally taxing than going to court. They could allow you and your spouse to maintain a cooperative dynamic after the divorce and avoid the tensions that sometimes arise when going through a court battle. 

How an Attorney Can Assist This Process

An experienced legal professional can help you navigate the many complexities of divorcing later in life. A divorce attorney will help you consider all potential complications in the divorce and explore alternative dispute resolution processes with you. They can review your divorce settlement agreement and identify any potential issues that may lead to future financial problems.

Consult Karen Ann Ulmer, P.C. 

If you are divorcing later in life or considering a legal separation, Karen Ann Ulmer, P.C., can assist with evaluating your legal options during this process. Contact us today at (866) 311-4783 to schedule a confidential consultation.  

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Can You Negotiate Your Divorce Yourself?

When you picture going through a divorce, you may envision you and your spouse each retaining your own attorney and passing much of the responsibility over to these legal professionals. But you may wonder: Can you negotiate your divorce yourself?

Negotiating the division of assets without a legal professional might make sense in certain cases. However, we highly recommend that you have an attorney review your final agreements.  And, if you have any reason to head to court, a Bucks County divorce attorney should be by your side. You want to protect your rights, and with self-representation, you might risk overlooking important legal considerations that could have financial implications. 

Benefits of Negotiating Your Divorce Yourself

For divorcing couples wanting to save money, it can be helpful to make preliminary agreements.  

This may save you a significant amount of time, especially if you and your spouse can reach a consensus fairly quickly.

  • It gives you and your spouse full control over certain outcomes in your divorce case without involving outside parties.
  • It saves you money on attorney’s fees. 

If you and your spouse are filing for an uncontested divorce, meaning you agree on all matters in the divorce case, you might be able to navigate the process without an attorney. 

However, we also caution you to really think through what you are agreeing to. The plan your spouse presents to you might seem equal and fair, but if your spouse had help with it, there may be an imbalance of knowledge or power. 

Potential Downsides of Negotiating Your Own Divorce

Sometimes, a pro se divorce, a divorce in which you represent yourself, could prevent you from achieving a favorable outcome. It could also lead you to overlook potential issues that might cause negative financial consequences. 

For example, perhaps your spouse agrees to give you the family home, but she is going to keep her entire retirement savings, including pension benefits.  

While you may be thrilled with the idea of keeping the home, you would walk away with an asset that requires maintenance, and you would have to ensure you can refinance the mortgage in your name. These details are critical to unpack before you sign on the dotted line.  

Your spouse may also ask that you split any debt, including car loans, student loans, and credit cards. However, we want to make sure that the debt is assigned to the spouse who will hold the asset.  

How a Divorce Attorney Can Assist

Attempting to work through ALL of the agreements on your own may only lead to further tensions and consume more time during your divorce process. With the help of a legal professional, you can use tools like divorce mediation to reach decisions on key issues. 

Your attorney can also find problems in your divorce settlement agreement before you file it. For example, how are you dividing assets? Which party will claim the children as dependents for tax purposes? How long will you or your spouse owe alimony?

Working with a legal professional could help clarify complex issues and streamline the divorce or legal separation process. 

Seek Guidance From Karen Ann Ulmer, P.C.

Can you negotiate your divorce yourself? You can, but we don’t recommend it. Working with an experienced legal professional such as Karen Ann Ulmer, P.C., can help protect your interests, reduce stress, and lead to a better outcome. Contact us today at (866) 311-4783 for a consultation.

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Can You Terminate Alimony?

Being under legal obligation to pay alimony or spousal support can present financial challenges, especially when your circumstances change. You may wonder: Can you terminate alimony?

You may be able to seek an alimony modification or termination if you have a valid reason for doing so. Consult an experienced divorce attorney for assistance navigating this process. 

Is Alimony Permanent? 

Many alimony arrangements are temporary, not permanent. Often, the court awards alimony temporarily to give the receiving spouse time to resolve their financial hardship after the divorce. Consult your divorce attorney to understand the intended length of your alimony payments. 

If your alimony is considered long-term or permanent and you can no longer reasonably afford these payments, you may be able to petition the court for a modification based on significant changes in your financial circumstances. Your attorney will help you understand spousal support termination laws and your potential eligibility to modify this agreement. 

Common Grounds for Seeking Alimony Modification or Termination

The court may consider granting an alimony modification or termination for a few reasons. 

  • Your ex-spouse has started making more money: If your ex-spouse has resolved their financial hardship and your alimony payments are no longer necessary to support them financially, the court may agree to terminate alimony. 
  • You have lost your job and cannot find a comparable salary: The court generally bases alimony payments on both spouses’ income at the time of the divorce. If you lose your job and cannot find a position with a comparable salary, the judge may be willing to terminate future alimony payments. However, if you still earn more than your spouse, they may be more likely to modify the payments to reflect your current financial situation. 
  • Your financial circumstances have changed significantly: If you have recently experienced significant financial changes due to factors outside your control, the court may agree to terminate or modify the alimony order. 
  • Your spouse is remarried: In many cases, the court agrees to terminate alimony when the receiving spouse remarries. Remarriage could indicate that the spouse is no longer in financial hardship. 

What Factors Does the Court Consider in an Alimony Modification?

Modifying or terminating alimony requires you and your attorney to submit a court petition requesting a change to the existing alimony order, along with evidence of changes in your circumstances. These are a few factors the court considers when reviewing the petition: 

  • Why your income changed: Did you choose to leave your job, or were you fired? 
  • Whether you tried to find a new job with a comparable salary: If you have not put reasonable effort into finding a new job with comparable pay, the judge may claim you are “underemployed,” meaning you are making less money than your financial potential. 
  • The recipient’s financial situation: If the recipient’s financial situation has not changed, the court may hesitate to decrease their alimony payments and potentially place a financial burden on them. 

Can you terminate alimony? Karen Ann Ulmer, P.C., can review your alimony agreement and help you understand whether a modification or termination may be appropriate. Request a confidential consultation today by calling (866) 349-4117.

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Should You Move Out of the Marital Home During a Divorce?

If you and your spouse have begun the divorce process, you may be considering moving out of the marital home. This would give you space from each other and allow you to start building your new life.

But before moving out during divorce, consult an attorney about whether this makes sense for your case. These are a few potential repercussions to be aware of. 

Moving Out Can Have Child Custody Implications

You may feel that moving out of the family home is a considerate step, giving you and your spouse space from each other. But in some cases, the court may view this as evidence that you are not involved in daily parenting responsibilities. It may even flag you for “spousal abandonment,” which means you left the marital home without your spouse’s consent. 

You do not want the court to view you as the “non-custodial parent” from the beginning. Staying in the family home demonstrates that you contribute to your children’s upbringing, making it more likely that the court would award custody to you or shared custody to both parents. In contrast, the court may view you moving out as abandoning your parental obligations. 

Paying Double Bills Can Impact Your Financial Position

As long as you are still on the lease or mortgage for your shared home, you are likely financially responsible for half of the monthly housing costs. Moving into a new apartment or home will require you to pay double housing costs during the divorce process. This can harm your financial position. 

Your finances affect several aspects of the divorce process. The judge will scrutinize your transactions when considering child custody, spousal support obligations, division of assets, and more. Generally, you should avoid any behaviors that hurt your finances during this process. 

Moving Out Might Make It More Challenging To Keep the Home

If you voluntarily move out of the marital home during the divorce process, you risk being unable to keep the home after the divorce. 

The court may grant exclusive occupancy rights to your spouse, especially if they have primary custody of shared children. If you have already moved out voluntarily, the court may assume that you are in favor of these occupancy rights. 

Carefully consider housing and custody before making any decisions early in the divorce process. While you may initially feel okay about your spouse keeping the family home, you may change your mind later. Moving out could influence how the court approaches decisions about property ownership or use during the divorce. 

Consult Karen Ann Ulmer, P.C., Before Moving Out

Before moving out during divorce, consult an experienced attorney and create a detailed plan for custody and housing costs. In some instances, moving out is the right choice, such as if you feel unsafe in the home. However, it’s important to understand the potential repercussions and seek an attorney’s advice before doing so. 

At Karen Ann Ulmer, P.C., we advise clients on how to protect their marital property rights. Schedule a confidential consultation with our divorce attorneys by calling (866) 349-4117.

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