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Mediation Blog

Topic: Assets | 41 post(s).

June 5, 2024 -   How can considerable separate assets owned by one spouse impact the equitable distribution of marital property? In mediation, it's up to the couple to determine what they consider equitable, rather than leaving it to a judge or lawyers. This can be approached in several ways, but no matter what a couple decides, they must involve a financial professional to assess the implications of their different options.For more information about mediation, divorce, and famil [...]

February 7, 2024 -   Most divorces involve long-term marriages where there are many assets and possibly children to be considered. But what about a short-term marriage, especially when there are no children? Should you mediate the divorce or just let your lawyers hash out the terms? That might seem easier but it usually takes much longer and costs a lot emotionally and financially.If you would like more information about mediation, prenups, and family law, check out my website &mda [...]

June 7, 2023 - A couple of topics came up in a peer group that I run for divorce mediators that took the discussion to a more personal rather than professional level. The topics were raised by two members of the group who had suspended their careers during the time that they were raising their children, resulting in lost opportunities. They embarked on new careers. But what cannot be regained is those lost opportunities. If you would like more information about mediation, prenups and [...]

May 3, 2023 -   There has been lots of noise on the internet lately about drafting your own separation agreement. Some couples have come in with a piece of paper where they divided the assets and made co-parenting arrangements, but unfortunately, the document has to pass muster under New York law which is very strict. If it doesn’t, your agreement can be voided and you will have to start again. If you would like more information about mediation, prenups, and family law, [...]

November 16, 2022 -   No couple gets married expecting to be divorced, but when creating a prenuptial agreement most couples decide to include a term defining what will be considered marital and separate property. If the couple defines them in a way that limits them, then obviously, there will be limited assets subject to distribution if they do get divorced. If you would like more information about mediation and prenups, check out my website — ClarePiroMediation.com. [...]

November 1, 2022 -   It’s that time of year when ghosts and goblins abound, scaring the kids and sometimes the adults as well. The overall feeling of being scared, anxious and out of control is very similar to how divorcing parents feel, especially when it comes to their children. A Child Specialist can advise you in ways to help combat those emotions. [...]

October 13, 2022 -   In New York, there is a statute that gives a surviving spouse the right to elect against the Will of a deceased spouse, if that Will leaves them with less than the greater of a third of the estate or $50,000. In a prenup, you can waive that Right of Election if circumstances warrant it. Mediation is a good place to talk about your expectations and what would be appropriate to maintain your standard of living. If you would like more information about mediation a [...]

December 16, 2021 - {4 minutes to read} The most typical way a pension is divided would be through a Qualified Domestic Relations Order (QDRO). A QDRO provides that, at retirement, the marital portion of the pension will be divided in the way that you have agreed upon in your Separation Agreement, usually 50%. The marital portion is the part that accumulated during the marriage. But you’re in mediation, so you don’t have to do what is typically done. Especially if the QDRO does [...]

June 30, 2021 -   To the extent that your pension was accumulated during the marriage, it would be treated like any other assets subject to distribution. But there may need to be more to the discussion than just what the law provides. [...]

May 18, 2021 - {3 minutes to read} The idea of a prenuptial agreement is familiar to most people — an agreement that a couple can enter into before their marriage that can provide how property and debt will be distributed in the event of death or a divorce. It can also provide for paying or waiving spousal support. But what exactly is a postnuptial agreement, and why would anyone want one? A postnuptial agreement is an agreement that a married couple can create to do the very th [...]

April 30, 2021 - {4 minutes to read} I often receive phone calls from potential clients telling me that they have settled everything and just want me to write up their agreement. When faced with this request, I explain that this is not what I do and why mediation would still be important even if they have discussed and agreed upon terms.  Terms that were Not Addressed Even if there are no minor children, it’s difficult to navigate through all of the terms that need to be con [...]

March 25, 2020 - Mediation may not be appropriate for everybody but could be the right process for you. Unfortunately, many people dismiss it out of hand, based upon some misconceptions about what mediation is or isn’t. This video tries to dispel some of the most common myths to help you decide if mediation is right for you. [...]

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