Question 1

Dividing Military Pensions In Virginia

Accepted Answer

Most people understand that in a civilian divorce, Virginia courts often divide retirement benefits and pensions. These are often significant assets. Individuals who serve in the military (and their spouses) frequently have concerns about how military retirement pay and other benefits are viewed in a divorce. The Uniformed Services Former Spouses’ Protection Act authorizes states to treat military retired pay as marital property, and so it is an asset that must be addressed in a divorce.  The first step in a military divorce is to analyze what benefits may be available. At Duff & Kronfeld, P.C. in Fairfax, our lawyers will evaluate whether a service member has amassed sufficient points to be eligible for retirement benefits, and the extent of the benefits that may be available. In cases involving a retired service member, the analysis is fairly straightforward. Before retirement, determining the ultimate value of benefits requires a more complete review.  Understanding The Interplay Between Virginia Law And Federal Rules When a military couple goes through divorce, property division is actually a function of state law. Virginia is an equitable division state, meaning that courts will work to craft a fair and equitable division of the property based the individual circumstances in each case. Our lawyers are skilled in protecting the financial interests of clients. In addition is a full review of the assets, our lawyers are well-versed in drafting orders consistent with federal rules and procedures to ensure that the government will recognize the validity of an order dividing a military pension.  In addition to retirement pay, our attorneys will analyze eligibility for other potential benefits that may be subject to equitable division, including:  Military medical, health care, commissary and exchange privileges Military housing allowance benefits Pay based upon the military survivor benefits plan It is critical to work with a lawyer with substantial knowledge of interplay between military rules and state laws in dividing property in a military divorce. To speak with a knowledgeable lawyer in Fairfax, call 703-591-7475 or send us a message online to request your confidential consultation.

Question 2

Finding Hidden Assets During Divorce

Accepted Answer

Was your soon-to-be ex-spouse in charge of the family finances? Was he or she in the habit of underreporting income on your joint tax returns in an effort to save money each year? Have you noticed unexplained receipts or statements from accounts that are unfamiliar? Do you have concerns that your husband or wife has been stashing money without your knowledge?  Although each of you is required to fully disclose all of your assets during the divorce process, some people do not follow the rules. The emotional turmoil of your divorce can easily cloud your assessment of the facts of your situation. An attorney knowledgeable in property division can help.  Experienced And Skilled Legal Assistance Finding Hidden Assets At Duff & Kronfeld, P.C., our lawyers have more than 60 years of combined experience helping clients throughout Fairfax County with all matters of family law, including finding hidden assets during your divorce and the property division process.  Some ways assets may have been hidden by your spouse include:  Underreporting on annual tax returns in order to avoid showing income on a financial analysis report Overpaying creditors and the IRS with the intention of obtaining refunds after the divorce is settled Deferring salary, commissions or bonuses until a later date Lending a large sum of money to a friend or family member knowing it will be returned as soon as the divorce process is complete Setting up accounts using the name and Social Security number of a child or trusted friend Understating the value of a self-owned business, business assets or accounts payable This list is merely a small sample of how assets may be hidden. During a complex or high-asset property division process, you cannot afford to miss anything when calculating the amount of support you or your children deserve, or the amount of marital assets to which you are entitled.  You Have Too Much To Lose. Call Today For Help. Your spouse may be hiding assets, no matter your level of income. Contact us at our Fairfax, Virginia, office by calling 703-591-7475 or by completing a short online form.

Question 3

Understanding Marital Property VS. Separate Property

Accepted Answer

Going through divorce often raises many financial concerns for the parties involved. Virginia courts seek to distribute property fairly. That does not always mean that property and debts will simply be divided right down the middle in an equal 50-50 split. Moreover, in complex cases, there may be disputes concerning what property fits within the marital estate and what assets are considered the separate property of one spouse not subject to division of the court at all.  Aggressive Advocacy And Diligent Preparation Duff & Kronfeld, P.C. in Fairfax is well-respected for our thoroughness and aggressive advocacy in complex and high-asset divorces. If you believe that you or your spouse will have a marital property vs. separate property dispute, you need to work with an attorney with the financial acumen and resources to safeguard your rights. Evaluating, investigating and tracing assets require detailed analysis of every asset. Our lawyers are skilled in focusing on the finer points to protect the financial interests of our clients.  It is becoming more and more common for couples who hold significant assets before getting married to consider entering into marital agreements to help define how property will be characterized should the marriage eventually break down. However, even in the absence of an agreement, Virginia law recognizes that some property may not be subject to equitable division in a divorce.  Common assets that may be characterized as separate property include:  An inheritance from a family member received by one spouse during the marriage Gifts given to one spouse by anyone other than the other spouse that were never commingled with marital assets Assets acquired by one spouse before the marriage, including a business interest, retirement account or a home Some Property May Blend Marital And Separate Concepts Determining what may be separate property is not always a clear-cut process. Some assets may be characterized as a blend of separate and marital property, depending upon the individual circumstances. For instance, if one spouse inherited a family business, the business interest may remain separate property. However, if the other spouse worked to substantially increase the value of the business during the marriage, the rise in the value of the business may be deemed marital property.  Your financial stability following divorce is important for your future well being. To learn how our extensive experience in resolving complex family law problems can help you, call us at 703-591-7475 or contact us online to schedule a confidential appointment with one of our lawyers.

Question 4

Rights Of Unmarried Couples

Accepted Answer

On a personal level, the end of a long-term relationship between unmarried couples is as emotionally and psychologically difficult as a divorce. It also raises many of the same legal issues, questions and anxieties that spouses confront. Married or not, however, choosing the right lawyer remains as important as ever.  At Duff & Kronfeld, P.C., we protect the rights of unmarried parents and partners throughout Northern Virginia, and we will help you navigate this transition as gracefully as possible. We are committed to making certain that you have all of the answers and information you need to make the decisions that are right for you at each point in the process.  Understanding, Asserting And Protecting Your Rights During A Split The legal process of divorce is focused on addressing issues of child custody, visitation, financial support and property division. It is important to recognize that “not being married” does not necessarily limit your rights with respect to these issues.  Child custody and visitation: While it may be necessary for unmarried fathers to legally establish paternity first, Virginia courts recognize that the best interests of children are served by enabling both parents to have a healthy and active role in the children’s lives. The factors used to determine custody in a divorce are also applied in cases that involve unmarried parents. It is also important to note that courts cannot give undue presumption or preference that favors either mothers or fathers when awarding custody or visitation. Child support: The guidelines and factors used by Virginia courts when making child support determinations in a divorce are also used to determine child support amounts for unmarried parents. Property division: The law of “equitable distribution” applied to property division issues in a divorce is not used to settle property issues between unmarried cohabitants. This does not mean that you do not have property rights or interests in assets that you and your partner accumulated over the course of the relationship. These issues can often be resolved by mutual agreement, but can also be brought before a court through a civil law procedure known as a partition action. To schedule a confidential appointment with an experienced family law attorney at Duff & Kronfeld, P.C., call our Fairfax office at 703-591-7475 or contact us online.

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Second Saturday Divorce Workshop – January 13, 2018