Paying for a Divorce When You are Not Working

In many marriages, especially those with children, one spouse often acts as the sole or primary breadwinner for the entire household. In these marriages, the stay-at-home spouse may rightfully be concerned about a number of issues in divorce. Perhaps the most troubling issue for many is how to pay for a divorce. When one spouse controls the funds for the family, it can seem hopeless. The good news is you have options.

Changes in the Marital Unit

In a study by the Pew Research Center, data revealed that in 1960, about 70% of households included a single income-earning parent – usually the father. By 2010, the number had dropped to just over 30%. This means the average family in America today has a completely different makeup than it did just 60-70 years ago. With two parents working, divorces have become a bit more complicated, as has the process of financing a divorce. However, for those in the minority who are stay-at-home parents, it can often be a real concern to pay for a divorce.

The Income Earner can be Ordered to Pay the Cost of Your Attorney Fees

While every divorce is unique, when it comes to divorce, courts seek to balance the situation fairly. If you are not working and are primarily responsible for maintaining the home and caring for young children and your spouse works outside the home, you may be able to petition for your attorney’s fees to be paid by your spouse. It is not a sure thing, but it can work. Here is generally how this works.

Getting Your Spouse to Pay Your Legal Bills

Under Section 30-2-54 of Alabama’s Revised Statutes, you may be able to recover attorney fees if your spouse is in contempt. This can happen when you incur legal bills while attempting to enforce certain court orders, such as temporary maintenance or child support.

The other way to get your legal bills paid, however, is by having your attorney petition the court to award them. The courts favor both parties being represented by experienced legal professionals, as it cuts down on delays and ensures fairness. If you have no income, most judges will recognize the need for your attorney to be paid out of your marital estate. In other words, the income-earning spouse can be ordered to pay.

If you are concerned that your spouse will not be able to afford your fees and his or her own, just remember that a judge will have to review any petition for fees, and that same judge will be aware of your collective assets and debts. Therefore, a good attorney can usually tailor a divorce to suit just about any budget, assuming the parties can reach reasonable agreements without extended litigation.

Talk to an Attorney as Early as Possible

If you suspect you will need to have your spouse pay for your legal bills, contact Five Points Law Group today, as we can often help you plan and prepare for this process. Early planning is key. Just remember that the more information you have going into a divorce, the better your decisions will be.

Throughout Birmingham, the attorneys of Five Points Law Group are here to help, so call today.

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Legal Problems do Not Happen in a Vacuum

A woman was at work and her supervisor started making suggestive remarks that were clearly inappropriate. She told him to stop, but it did not end there. In fact, it got worse. Soon, it seemed like every time she passed him in the hall, there was an unwelcome comment. Sadly, over the course of several months, her marriage began to struggle. She was frustrated with work, her interest in sex and her relationship had diminished, and eventually her husband filed for divorce.

She decided to do something about the problems at work. She filed a sexual harassment lawsuit and ended up receiving a sizeable settlement offer based on her high rate of pay. Before she could even get the check, however, she was informed that she may need to split it with her ex-husband.

If this scenario seems strange or uncommon, rest assured it is not. In fact, it is quite normal. Millions of Americans struggle with marital trouble and many opt to end their marriages each year. Of that number, quite a few are simultaneously dealing with other problems that are legal in nature. At Five Points Law Group, our attorneys have the broad and diverse skills needed to tackle complex problems, even when several legal issues are occurring simultaneously.

What Happens to Discrimination Settlements in Divorce?

The example above is a classic case of a person receiving a settlement from a personal injury or workplace harassment suit while in the middle of a divorce. Because the money is designed to reimburse or make the individual “whole” again, most divorce courts will say the money is part of the marital estate. This means it could arguably become part of the property to be divided in the divorce. If you are using two different attorneys for these matters, it is a great reason to make sure they are talking to each other.

Divorce and Your Estate Plan

A lot of people think their divorce will end everything once and for all. It does not. There are a lot of things that linger after a divorce. Your estate plan is one of them.

Fortunately, under Section 43-8-137 of the Alabama Probate Code, divorce severs your bequests to your ex-spouse, as it is not the sort of thing you want to leave up to chance. Plus, things like powers of attorney, advanced directives, living wills, and trusts all should be immediately updated the minute you even think about filing for divorce. Also, you will want to be quick about updating beneficiary designations like life insurance, deeds, and 401(k) accounts. Divorce does not automatically change those at all.

The Five Points Approach

With attorneys individually skilled in multiple areas of the law, our group of skilled legal professionals can carry you through just about any challenge. Perhaps you are receiving money through a settlement and wish to protect your rights in a divorce, or maybe you are facing a divorce battle and want to protect your heirs from losing an inheritance. Whatever it is, make your first call Five Points Law Group, and let us help you today.

 

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When Life Changes So Should Your Estate Plan

For some people, making a will is an unpleasant task. Confronting one’s own mortality can make a lot of people uncomfortable, so once the task is complete, it is rare for it to be revisited years later. However, this may not be the best way to look at an estate plan.

Sometimes it makes sense to take a second look at the way things were set up previously. This is especially true when you go through major life events. When life changes, so should your estate plan. At Five Points Law Group, we are here to help.

Big Reasons to Change Your Estate Plan

There are several major life changes that could prompt a person to want to take a second look at his or her last will or powers of attorney. A few common scenarios are:

• • Children: The birth or adoption of a child or grandchild is an exciting life event and a great reason to review and make changes to your estate plan. Because it is unwise to leave assets to a minor child, a will or trust can ensure that children or grandchildren get the full intended benefit of your estate while protecting them against unnecessary court costs and waste of your estate assets. A will can also provide important instruction to the court on your designation of guardian in case one is needed for a minor child. Additionally, once children are grown and may even have children of their own, you may want to make different provisions for them or for their children.
  • Divorce: If you made a will while married but then later got divorced, it is probably a good idea to change your will. The good news is you typically cannot leave your estate to an ex-spouse by mistake. This is because under Section 43-8-137 of the Alabama Statutes, any bequest made to a spouse is automatically invalid upon divorce. This does not mean you should still keep your estate plan the same after a divorce. After all, your previous choice to leave everything to a spouse may fail due to divorce, but this means you may not have made adequate arrangements for others in your estate plan.
  • Health Conditions: Another reason to change your will or powers of attorney is a major change in health condition. For instance, you may have drafted and signed a simple power of attorney when healthy. Today, however, you may be contemplating the possibility that you could need long-term care, home health care, a nursing home, or even hospice someday. With this in mind, there are certain options a skilled Alabama estate planning lawyer can use to modify your wishes to suit your own unique health situation.
  • Assets: Finally and perhaps most obviously, if you made a will or powers of attorney when you were younger or at a time in life when you had limited assets, it may have been a simple and uncomplicated plan. If years have passed, you may want to take a look to see if your estate plan can adequately protect your estate today. If you have earned significant income or amassed a large amount of savings, then you may be better served with a revocable trust or other planning tools.

How an Alabama Will and Trust Lawyer can Review Your Plan

At Five Points Law Group, we go the extra mile to make our clients comfortable. We know that talking about death, disability, and final affairs is never fun, but it can be a refreshing and renewing process. After all, revisiting your estate plan later in life allows you to take stock of accomplishments and truly appreciate how far you have come. So call us today to discuss your plan with an attorney near you.

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