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Divorce and Frozen Pensions

Over the past decade, economic circumstances have played a major role in pension plans being frozen at a large number of corporations. Many traditional defined-benefit plans provide a monthly annuity payment to employees at retirement. A freeze on a pension plan means that the plan does not make any further additions to the employee's benefit. The traditional formula for determining benefits is based upon salary and years of service. The benefits grows larger with the numbers of years employed and with increases in salary. When a pension plan is frozen, the benefit ceases to grow and is locked in at the amount when the "freeze" occurs. A frozen pension plan will still pay benefits; it's just that there won't be as much to pay out since it was frozen. many people earn their largest amounts of income just prior to retirement. Those who are closest to retirement will see the largest portions of expected additional benefits denied them due to the pension being fro...

Supervised Visitations

In post-divorce situations, there is sometimes tension between two premises: 1) It is generally best for ex-spouses' children to maintain ongoing relationships with both parents; 2) welfare of the children must not be compromised. If the custodial parent believes that their children will be harmed in some ways with unsupervised visits with their ex-spouse, emotionally or physically, he/she may file a petition with the court requesting supervised visits. Solid reasons and evidence must accompany such a request. Generally, dislike and bitterness toward an ex-spouse are not going to cut it. A hearing will be scheduled during which both parties can state their case and defend themselves. Reasons a court may order supervised visits include the noncustodial parent having problems with drug or alcohol abuse; a history of physical and/or emotional abuse; the noncustodial parent and child have been separated for a long time and or have never spent time together; or the noncustodial...

The Various Forms of Alimony

Following a divorce (and sometimes preceding one), alimony may be awarded to a spouse, depending on the circumstances. Alimony is designed so the recipient can maintain a lifestyle reasonably comparable to the lifestyle reasonably comparable to the lifestyle they were accustomed to while married. Alimony comes in a number of forms: Permanent alimony can only be terminated upon the death of either spouse, or if the supported spouse remarries. The amount of alimony paid can be adjusted based on a significant change of circumstances - for example, the financial  situation of one or the other spouse has changed or supported spouse cohabits with another man/woman for a specified period of time. Permanent alimony is generally geared to those who had long-term marriages (10 or more years). If the marriage was too brief for permanent alimony, the court might award limited duration alimony , which is similar in principle to permanent alimony but has a fixed start and end date determined i...

Precautions When Divorcing an Abusive Spouse

Domestic violence intrudes on the lives of approximately 4 million people each year, 95 percent of whom are women. Children, other relatives, friends, and employers suffer the ripple effects as well. Protect your and your children's lives and well-being when the threat of violence and abuse looms by calling the police if necessary. Then immediately contact a domestic violence relief agency for direction to a safe shelter. If divorce is an option you want to pursue, be aware that domestic violence changes the entire equation. In divorce proceedings devoid of violence, just up and leaving with the children in tow without what the court considers a good reason may negatively impact alimony payments and the ability to return to the house until property is divided by the court. When domestic violence is in play, however, safety is an overwhelming objective. Leave for a safe haven; focus on legal matters when you are safely situated. A court order may be obtained on the fast track ...

Supervised Visitations

In post divorce situations in Myrtle Beach, South Carolina, there is sometimes tension between two premises: 1) It is generally best for ex-spouses' children to maintain ongoing relationships with both parents; and 2) the welfare of the children must not be compromised. If the custodial parent believes that their child will be harmed in some way with unsupervised visits with their ex-spouse, emotionally or physically, he/she may file a petition with the court requesting supervised visits. Solid reasons and evidence must accompany such a request. General dislike and bitterness toward and ex-spouse are not going to cut it. A hearing will be scheduled during which both parties can state their case and defend themselves. Reasons a court may order supervised visits include the noncustodial parent  having problems with drug or alcohol abuse; a history of physical and/or emotional abuse; the noncustodial parent and the child have been separated for a long time or have never spent time...