Divorce in the Golden Years: Estate Planning, Spousal Support, and Retirement Issues for Clients at Midlife and Beyond

    By Leslie Ann Shaner

    Divorce in the Golden Years: Estate Planning, Spousal Support, and Retirement Issues for Clients at Midlife and Beyond

    Divorce in the Golden Years: Estate Planning, Spousal Support, and Retirement Issues for Clients at Midlife and Beyond

    By Leslie Ann Shaner

    A multitude of complex issues can be involved when handling the divorce of a couple who has achieved a level of personal and financial security. This book addresses how a divorce case is affected by estate planning established during the marriage, explaining how to review existing estate plans to avoid complications.

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    There can be many complications in handling the divorce of older clients--those that have had the chance to own a home, build retirement savings, and have an investment portfolio. Because many of these couples have achieved some level of personal and financial security during the marriage, the lawyer is faced with a multitude of difficult and complex issues. Divorce in the Golden Years is a unique reference for the family lawyer that details how to handle the assets that a divorcing couple has accumulated while considering the special issues related to the age of the clients or the duration of their marriage.

    Author Leslie Ann Shaner explains how a divorcing couple is affected by the type, if any, of estate planning that has been established during the marriage including:

    • Nonprobate assets: those that pass to beneficiaries outside of an estate's administration, including savings accounts, retirement plans, IRAs, insurance policies, investments and certificates of insurance
    • Intestacy and the complicated issues raised when a divorcing client or spouse dies without a will
    • Existing estate plans that need to be reviewed to avoid complications, and how to revised or initiate a plan after separation but before divorce in order to disinherit a current spouse

    The book also addresses issues that complicate the divorce of an older couple, including concerns about powers of attorney and medical directives and the numerous issues involved in spousal support, including equitable distribution factors, methods of payment, amount, and modification of spousal support. Retirement plans, often the most valuable asset of these clients are also examined, including the application of state law, social security, and QDROs. Many of the book's appendices offer critical state-by-state information about issues raised in these divorces, including:

    • Uniform nonprobate asset statutes
    • Surviving spouse, dower & curtesy, and elective share status
    • TMA and trust statutes
    • Revocation upon divorce/annulment statutes
    • Spousal support and equitable distribution factors: fault, duration of marriage, contributions to well-being, and contributions to education
    • Spousal support factors: standard of living, age, health, and health insurance
    • Equitable division factors: earning capacity, standard of living, age, and physical and mental health
    Additional appendices include checklists, modification of spousal support court ordered and property settlement agreements, property settlement agreement provisions, and a sample summary of defined contribution and defined benefit plans.

    Product Details

    Sponsors

    Section of Family Law

    Publishers

    ABA Book Publishing

    ISBN

    9781604428414

    Page Count

    388

    Product Code

    5130171

    Trim Size

    6 x 9 Paperback + CD-ROM

    Publication Date

    4/19/2010 12:00:00 AM

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