Divorce and Taxes: What you Should Know this Tax Season

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  • Can I Legally Read my Spouse’s Email During the Divorce Process?

    No. This is an invasion of privacy. In fact, you cannot read your spouse’s emails, text messages, or other correspondences without his or her consent at any time. If a correspondence is protected by a password or it is conducted using a device owned by an individual’s employer, you cannot search through it without your spouse’s consent. Even when a device like a cell phone or a laptop is shared property or uses a shared data plan, accessing your spouse’s private accounts may be deemed to be an invasion of his or her privacy. When you are going through a divorce, you might feel tempted to search through your spouse’s accounts. This could be to find evidence to show the court that he or she…

  • No Matter How Embarrassing it can Be, you Have to be Honest with your Family Lawyer

    In a previous blog post, we talked about how important it is for you to be honest with your bankruptcy lawyer, even if that means discussing personal, potentially embarrassing information. This advice is valid for any interaction with a lawyer, no matter what type of legal issue you are facing. Family law can be an emotional minefield, especially when you are going through a divorce or developing a time sharing agreement for your children. It can be easy to let your emotions color your perception, but you cannot let them cause you to lie or misrepresent the facts of your case to your lawyer. Dishonesty Can Backfire and Hurt you Your former spouse has a lawyer too, and if you lie about any of the…

  • Can the Court Make me Pay for my Adult Child’s College Education?

    A couple’s divorce settlement can cover many topics. If the couple has children, a few of these can pertain to their continuing care and support, even after they become adults. Although Florida does not require parents to contribute to their children’s college expenses, financial support for college can be part of a couple’s divorce settlement if they choose. Contributing to an adult child’s higher education expenses is not the same as paying child support. In Florida, child support ends on a child’s 18th birthday or, if he or she has not yet graduated from high school by that date, until he or she graduates or turns 19. If you Choose to Include College Support in your Divorce Settlement, the Court Will Enforce It Couples who…

  • How Does a Divorce Settlement Affect a Chapter 13 Bankruptcy?

    There are many ways your divorce settlement can affect your Chapter 13 bankruptcy and vice versa.  Completing Chapter 13 bankruptcy is a lengthy process, typically taking three to five years to complete. During this time, many aspects of your life may change, including a possibility of divorce. If you are working through Chapter 13 and considering divorce, or if you are going through a divorce proceeding and are considering filing for bankruptcy, talk to your bankruptcy lawyer about the specific ways you can expect the divorce to affect your bankruptcy. Below are a few general ways bankruptcy intersects with divorce when one spouse files for Chapter 13 bankruptcy on his or her own. The Divorce Court Cannot Divide Assets in the Bankruptcy Estate When you…

  • Changes For Same-Sex Couples Since Obergefell

    Since the Supreme Court decision in Obergefell v. Hodges in mid-2015, the legal landscape has undergone seismic changes with regard to the rights and responsibilities of same-sex couples. From  tax laws to estate planning, same-sex couples must revise and conform their plans and thinking to the new reality, which sometimes  can be more difficult than one might think. Tax Law Issues One of the primary changes for same-sex couples in the wake of the Obergefell decision is how to deal with income tax filing. After the 2013 decision in U.S. v. Windsor, same-sex couples were permitted to file as married (whether jointly or separately), but after Obergefell, they are now entitled to the same tax breaks and exemptions as heterosexual couples. This can even add…

  • The Rights of Unmarried Couples in Florida

    Many couples eventually decide to marry at some point in their relationship, especially including now same-sex couples who may now marry nationwide. However, some couples decide not to legally marry, for a variety of reasons. Unmarried couples still have very limited legal rights in Florida. The exception concerns unmarried couples and their children; the law provides many protections in that area. Property Rights The property rights of married spouses are codified in law, and they may also be specified in other documents such as prenuptial agreements. Couples who are not married, but cohabitate, do not have statutory rights to each other’s property, therefore it is a good idea to draw up a property agreement with the help of an lawyer. The longer you live together,…