Category Archives: Divorce

We’ve previously discussed the divorce rate among older couples. Now, it seems like baby boomers are still driving the divorce rate higher in the United States, at least among older couples. 

A new study by the University of Minnesota found that the divorce rate has actually remained steady during the last few decades. Previously, research has hinted that the divorce rate has declined but the new study shows that it hasn’t. The researchers said when you look at the marriage rate compared to the divorce rate, the rate of divorces hasn’t changed. 

Did you recently get divorced? Have you filed your taxes yet? While those who are new to our blog might be confused by us asking these two questions back to back, some of our more frequent readers likely realize that there is a very good reason why we have brought this up. That’s because, first-time divorcees may not realize that a divorce can have a significant impact on how you file your taxes. And it’s exactly that which we will outline in this week’s post.

The first thing that will impact how you file your taxes is when you get divorced. According to the IRS, you are considered “unmarried” for tax purposes if you obtained your final divorce decree by the last day of the tax year. But things can get complicated depending on if you are seen as divorced or legally separated by the state.

If you’re like some of our readers then you’ve probably read an advice column at some point in your life in which a person has written in about their struggles during a divorce. In that short article you are offered a rare glimpse into another person’s life. And whether you’ve gone through a divorce yourself or not, you tend to empathize with what that person is going through.

For many of our readers here in Phoenix it’s not difficult to empathize with the person who writes in because our readers are usually experiencing the same struggles. But even though we know that every divorce is different, why is it that so many seem to end abruptly and in similar ways? Why is it that so many spouses are willing to throw in the towel before the divorce dust settles?

Most people across the nation, including many here in Arizona, believe that living together with your significant other prior to marriage makes you more likely to get a divorce. The reason for this belief is because of studies that have been conducted over the years that have validated it. But a new study released by the Council on Contemporary Families is suggesting something very different.

According to a professor from the University of North Carolina, Greensboro, there is actually little correlation between cohabitation and divorce. What really predicts the likelihood of divorce actually has more to do with a couple’s ages. She says the older studies’ conclusion about cohabitation and divorce had been measured using the wrong variable. By changing the variable, researchers were able to see what is really going on.

It’s over. The papers are signed, and the union is dissolved. The relationship that once may have been the joy of your life is officially over.

In Arizona, just as in every other state, divorce stories are distinct and varied. A divorce is a death of a relationship. Consider some tips by therapists that can help you reconcile your emotions and get on with your life as a single person.

Allow yourself to grieve, but do not delay the process for too long. This can result in mounting fees involving other professionals who may be instrumental in finalizing the process. Consider having a mediator, one that will allow you to be a hands-on negotiator. That places you in control.

When going through a divorce, many couples fail to recognize the importance of property division techniques for stock options. Even though you may not think that stock options are relevant for your Arizona divorce, a qualified family attorney can help you decide whether to include stipulations about these financial resources in your divorce settlement. This is true even of those couples who do not have stock options at the time of a divorce, according to legal experts.

The sad fact is that stock options may go unnoticed during divorce settlement talks, perhaps because of their nebulous nature. A stock option is provided to an employee when a company offers their workers opportunities to purchase future company stock at extraordinarily low current prices. These options may be exercised over a long period of time – typically up to 10 years. By then, your divorce could have been long finalized, and one spouse could end up with an unfair amount of money that was not addressed during the property division stage.

Often, when a couple in Arizona is getting a divorce, many questions come up that revolve around the children, including custody, support, and visitation. Other divorce issues can include continuing to provide for the children’s health insurance, education (including saving for college), and questions surrounding religious instruction, particularly when parents are from different faiths. One troublesome area, which sometimes comes up during a divorce, and sometimes post-divorce, is when one parent wishes, or needs, to relocate to another city, state, or even country.

This is especially prevalent when one or both spouses are originally from a different hometown. Other times, relocation is the result of a job transfer or the need to move to obtain new employment after a job loss or in pursuit of a better opportunity. If the parent seeking to relocate is the custodial parent, this raises all kinds of issues of how the noncustodial parent can maintain strong ties to their children and involvement in their children’s lives, and how visitation will be handled, given the time and economic issues that surround travel.

Older couples in Arizona and nationwide are ending their marriages in greater numbers than before. Figures gathered by the U.S. Census Bureau showed that about 25 percent of all those getting a divorce in the country in 2010 were over the age of 50. This was a significant increase from 20 years before, in 1990, when it was only about 10 percent of the divorces in the country that were drawn from that age group.

Additionally, obviously, as people age, they have gotten divorced at some point in their lives, in many instances, and many have not gotten remarried, so that a larger proportion of the older population may tend to be divorced, along with many who are widowed or widowers.

Around 50 percent of all marriages in Arizona and nationwide ultimately end in divorce. And a lot of those marriages involve children, who wind up primarily living with one parent in most cases, but who may be staying with the other for a visit at a particular time. This may result, when natural disasters like hurricanes, tornadoes or flood occur, in the children being in the thick of it based on the happenstance of which parent they are currently staying with. Following a divorce, when such natural disasters strike the safety, health, and very survival of children may depend on the advance disaster preparedness of the household under whose roof they happen to be sleeping at the time.

Some suggest, as a result, that divorced parents should, if possible, have a conversation about preparedness issues. When a disaster strikes in the city that both parents live in, plans should be made for which parent will take charge of picking up the children at school, and will it depend on whether the children are supposed to be staying with that parent that week. In some cases, there may be other factors to consider, such as the location and relative safety of the two residences, and whether one has a well stocked shelter, etc.

Couples in Arizona getting a divorce who already have a prenuptial agreement in place may often find the divorce process a bit easier. A majority of divorce attorneys say that they have seen an increasing number of couples using such agreements in recent years. Given the large number of marriages that end in divorce, such preparation can be considered prudent.

There are still some things that need to be worked on prior to finalizing the divorce. You need to be prepared to show that there was full and honest disclosure of financial assets, debts and income and that the prenuptial agreement was properly executed in accordance with the law. If not, it could be set aside and you could be back to square one on issues of property division and spousal support, among other issues. One big advantage of a legal prenuptial agreement is that many of these issues can be settled in advance, avoiding surprises and unnecessary lengthy litigation.