Divorce is a hard thing for a lot of people. It can be further complicated if your spouse gives you a hard time. Here are a few spouse issues during divorce that you may experience.
Spouse Issues During Divorce | Your Ex Not Paying Child Support
If your ex isn’t paying court-ordered child support, your best option is to file a petition for enforcement of support in your local family court. Consult with an experienced family and matrimonial attorney regarding this process, because he or she can guide you in taking the appropriate steps to protect yourself. For example, if your support order was entered pursuant to a judgment of divorce or a separation agreement which was incorporated into your judgment of divorce, your agreement or judgment may contain specific language which would govern your first steps. An attorney can review your documents carefully with you and then advise you how best to proceed.
Spouse Issues During Divorce | Your Spouse Refusing to Retire
Several cases have raised concerns because a spouse who is titled to a pension plan elects not to retire – and, may do so in retaliation against the other spouse as a means of preventing them from receiving their share of the pension. Today, it is often true that a couple’s most significant assets are their homes and their retirement accounts – and that can create real problems. If we anticipate an issue, we can go to the judge or include a mandate as to a retirement age in our agreement. In some cases, we have asked for a payment of spousal maintenance that either continues until the titled spouse elects retirement – or simply starts at the age when retirement should be elected – in lieu of the payment that would have been received on the pension plan.
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Spouse Issues During Divorce| Your Spouse Threatening to Move Back into the Home
Divorce is by no means an easy process, and tensions do arise during the pendency of your divorce action. Because of this, a person needs their home to be their sanctuary and it may be necessary to obtain a court order to award one spouse exclusive possession of the home. A court will do this when there’s marital strife – especially when a spouse has established an alternative residence.
If you are experiencing spouse issues during divorce, please call Saratoga divorce attorney Jean Mahserjian today.
