Beth Silverman, Author at Beth Silverman & Associates

May 16, 2016 In Division of Assets and Debts By Beth Silverman

Cincinnati Family Law & Divorce Blog: How Will My Retirement Be Divided?

In a divorce or dissolution, the parties will divide their marital assets. Often, the largest and most valuable assets accumulated during the marriage are their retirement accounts. In dividing these assets, there are a number of important considerations to consider. First and foremost, retirement benefits are treated differently than other assets because they have different tax consequences. In most cases, the retirement benefits are pre-tax, meaning that once the party receives the benefit or draws from the balance of the account, he or she will pay income tax on that benefit. For this reason, these assets are typically not offset with the value of other assets such as bank accounts or the equity in a residence, or, if they are, tax adjustments will be made. In most cases, the retirement accounts are divided between the parties with separate court orders, such as a Qualified Domestic Relations Order (QDRO) or a Division...

April 14, 2016 In Division of Assets and Debts, Divorce By Beth Silverman

Cincinnati Family Law & Divorce Blog: Who Has The Right to Remain in the Marital Home?

In nearly all divorce cases, the question of what to do with the marital home will arise at some point. In some cases it is easy, neither party wants to stay and the home is sold, or only one party wants to stay and that person keeps the residence. But what about the cases where both parties want to stay in the marital home? How does the court decide? There are several factors that may come into consideration. Can you refinance? Often times, the mortgage on the marital home is in both parties’ names. This means that the party who wishes to stay in the home will typically need to prove that he or she has the present ability to refinance the loan into his or her own name. Refinances are usually required for two primary reasons; (1) the court favors financial disentanglement of parties to divorce cases, and (2) it...

March 7, 2016 In Divorce By Beth Silverman

Cincinnati Family Law & Divorce Blog: Do I Need a Lawyer, And How Do I Choose?

With so much information available on the internet, many people question if they need a lawyer in a family law matter. There are no legal proceedings that require a lawyer. The availability of family law forms on the internet has made it far more common for people to be unrepresented. The problem with forms on the internet is these forms are not prepared with your facts in mind. Nor are there explanations of considerations that must be made if other circumstances exist which are not covered by the forms. It may seem like a very simple matter, to just check certain boxes on the forms, but it's what you don’t know that can hurt you. As a general rule, if retirement benefits are going to be divided, professional assistance is needed because a specific order, known as a Qualified Domestic Relations Order, is required. Many people may not even understand, after looking...

February 8, 2016 In LGBT By Beth Silverman

Cincinnati Family Law & Divorce Blog: Same-Sex Marriage Questions & Answers

With its decision in Obergefell v. Hodges (June 26, 2015), the United States Supreme Court has secured the right to marriage, and also divorce, for all same-sex couples across the country. Following this momentous decision, gay and lesbian couples now have an array of legal options that were previously unavailable. Along with these options may come some questions. In this post, we will attempt to answer a few of the most common questions that have come up since same-sex marriage was legalized. The first and most obvious is, can I now marry my partner anywhere in the country? And the answer is yes! Now for some more difficult questions: Q: If I was previously married in a state that allowed same-sex marriage, can I now get divorced anywhere? A: Yes, but you still must meet the general requirements for jurisdiction and venue that exist for all divorces. In Ohio, you must reside...

January 25, 2016 In Division of Assets and Debts By Beth Silverman

Cincinnati Family Law & Divorce Blog: The Question of Moving Out of the Marital Home

One of the most common misconceptions is that a person will be found to have “abandoned” their home, by moving out, and that there will be a loss of rights resulting from this action. There is nothing in Ohio law that provides for a loss of rights if one moves out of the marital home. The home continues to be a marital asset and both spouses will be entitled to share in the value of the marital home, subject to other legal principles surrounding the source of the funds that were used to purchase the home. However, there are considerations that should be made, in deciding whether to move out of your home when a divorce is being considered. The first consideration is whether there are minor children. If there are minor children, and custody of those children is in dispute, the court may give stronger weight to award temporary custody to...

December 1, 2015 In Division of Assets and Debts By Beth Silverman

Cincinnati Family Law & Divorce Blog: How are Household Goods Divided?

When a couple divorces, along with the division of all of their larger assets, such as the home, bank accounts, and retirement assets, they also have to divide their household goods and personal property. People are often unsure how the court will divide this property, especially when many of the items may appear to have little value, but in fact have great personal value to one or both of the parties. First, each party would be entitled to retain any personal property which would be considered separate or non-marital property, such as property that was acquired prior to the marriage, purchased with funds acquired by gift or received as inheritance or a gift. All remaining personal property that is marital, would then be divided. In the eyes of the court, all personal items and household goods are valued based on what another person would pay for the the item, often...

September 2, 2015 In Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: What Are Some Differences Between Child Support and Spousal Support?

Child support and spousal support have different tax consequences. Child support is not tax-deductible to the payor and is not taxable income to the payee. Whereas, spousal support is tax deductible to the payor and is taxable income to the payee. One’s tax bracket determines the after tax impact of spousal support. For example, a man who is in a 25% tax bracket, will actually be paying 75 cents out of pocket for every dollar paid as spousal support. If the recipient is in a 20% bracket, she will be receiving 80 cents net for every dollar received. In this scenario, the IRS will receive 5% less in taxes than they would normally be entitled to. It is for this reason that divorce attorneys pay special attention to the manner in which child and spousal support are structured. Child support ends upon a child’s 18th birthday or graduation from high school,...

June 9, 2015 In Uncategorized By Beth Silverman

Cincinnati Family Law & Divorce Blog: What is Collaborative Law?

Collaborative law or collaborative practice is another option for parties who want to terminate their marriage without resorting to litigation or the adversarial process. There are several key features to a collaborative case. Each party must engage a collaborative attorney and a participation agreement will be signed. The agreement requires (1) an exchange of complete financial information (2) the maintenance of confidentially during the process so that each spouse can freely express his or her needs and concerns, (3) a commitment to resolving the case out of court and (4) an understanding that the collaborative attorneys may not represent them if either chooses litigation. The goal of the collaborative process is to reach a comprehensive agreement on all issues so that the parties can dissolve their marriage without court intervention. Collaborative law empowers spouses to dissolve their marriage with dignity. While each party's attorney will support him or her through advocacy,...

April 16, 2015 In Uncategorized By Beth Silverman

Cincinnati Family Law & Divorce Blog: Is Mediation Right for Me?

Mediation services are used for resolving all sorts of disputes between individuals or businesses in many different areas. Mediation is commonly used in family law as an alternative to litigation. In the Cincinnati area, there are attorneys who are trained mediators, and mental health practitioners, and individuals without any required professional licensing who act as mediators. In our law practice, we normally work with attorneys and mental health professionals as mediators. A mediator can be engaged at various stages of a family law matter. For example, there are cases where a couple decides to end their marriage, and rather than seeking independent legal counsel, they engage a mediator to help them resolve their issues and then engage lawyers to prepare the legal documents and have the case processed through court. In other cases, a couple may each engage legal counsel and their attorneys may recommend they attempt mediation to resolve their...

March 23, 2015 In Child Custody By Beth Silverman

Cincinnati Family Law & Divorce Blog: Tech Tools for Co-Parenting

When couples with children divorce, they are faced with the reality of an entirely new parenting dynamic. While married, each parent most likely had certain “domains” that he or she took care of for the children, often with little or no input from the other parent. This is the nature of married parenting, but it isn’t the same for divorced couples. Most divorced parents want to have access and input into all areas of their children’s upbringing, even when they didn’t in the past. This can be challenging, considering many couples end their marriage due to poor communication. Thankfully, there are a few extremely helpful apps that can streamline the co-parenting process and help families transition into a new dynamic. Programs such as these ensure that all of the children’s activities, expenses, appointments and important information can be kept in one place, and can be documented for the court if necessary....