Category: Divorce

In the hot, balmy days of July, January 1 can seem a long way off – but in reality, it is less than 6 months until the start of the new year. For couples with significant assets and property, or who are in vastly disparate tax brackets, we say this: you might want to bump up your timeline, and settle your divorce before the years ends.

That is because starting January 1, 2019, the tax deduction for alimony payments will be eliminated. This is a blow not only to the person who pays alimony, but to the person who receives it. In many cases, spouses who are ordered to pay alimony were more likely to be generous in these payments, because they could write the support off at the end of the year. Losing that deduction could lead to more hostile, high-conflict divorce proceedings if the payor is advised to fight the amount of support the payee seeks.

To sum it up, if you are dragging your feet, you might end up losing more in the end.

What happens to the tax break if I am already divorced?

Couples who have already divorced will be grandfathered in, so their deduction remains. However, if your alimony is modified at any time in the future, you could lose your tax deduction – but only if you opt into the new laws. Otherwise, your current divorce agreement will function in the same manner.

“Why would anyone opt-in to the new law?” you might be asking. There are two reasons, though only one affects alimony payments:

First, the new tax law allows spouses to use IRAs for lump-sum payments for alimony, which had never been allowed before. Opting-in to the new laws would allow you to take advantage of this. For older couples, this may be a better option, as many IRAs charge a penalty fee if they are closed out early.

Second, the Child Tax Credit has increased under the new tax plan. If your current agreement is based on the existing laws – i.e., your Parenting Plan or custody agreement includes information about who can claim the children for the tax deduction – but you would like to take advantage of the additional credits, you will need to opt-in to the new law.

At Cynthia H. Clark & Associates, LLC in Annapolis, our divorce lawyers want to help you keep what you worked so hard to build. If you have questions about alimony payments and how the new tax plan might affect them, please call 410.921.2422 or fill out our contact form.

Going through a divorce, especially if you are not the one who initiated it, is right up there in the Top Two most stressful life events. According to the Holmes-Rahe Stress Inventory, the only thing more stressful than divorce is the death of your spouse. Dealing with a stressful event such as divorce, and the loss of the relationship that may have helped you define your place in the world, can lead to feelings of sadness and depression.

Pressing the reset button on your life after a divorce can be a challenge, but there are some things you can do to help yourself move forward:

1. Grieve the loss. If you feel sad, feel sad. Trying to deny your feelings or stuff them or medicate them away with food or alcohol is just another way of kicking the problem down the road. Grief is a natural human emotion. You will grieve the hardest about the things you love the most. But the good news is, once you have taken the time to allow the grief to pass, you get a new start. You have given yourself the opportunity to learn whatever you needed to learn from the past so that you can get on with your new life after the divorce.
2. Don’t allow yourself to get stuck in the past. It is easy – and normal – to feel nostalgia for the “good times” after a divorce. But remember that your marriage has ended for a reason. Instead of focusing on what you lost, turn your thoughts to what you might gain, and then celebrate those gains. Maybe you can finally paint the walls the color you like, or listen to the music you want to hear while you clean, or take that trip around the country you’ve waited your whole life to take: the possibilities are endless.
3. Express gratitude for what you have in your life. Are you alive and healthy? Are your children healthy? Do you have a job? Do you have a place to live? Do you have friends and/or family in your life? Make a list of everything in your life that you feel grateful for and keep reminding yourself about it. Expressing gratitude can actually make you happier and healthier, and ease the transition into a positive outlook for the future.
4. Help someone else. Volunteer your time at a local community organization that helps others. Prepare meals for the homeless, read to children at your local hospital, or walk dogs at the local animal shelter. Finding a way to spend your time and energy helping others is an indirect way of helping yourself, because you are the one who gets to experience those feel good emotions that come when you are in service to others.
5. Ask for help. Americans are used to feeling self-sufficient, and we tend to have the idea that you should “never let them see you sweat.” But when you are hurting, and you cannot find your way out on your own, it’s OK to reach out for help. Your request for help gives someone else the opportunity to extend the help that you need, so it’s a win-win.

Please note: While we are happy to share these helpful tips to pull yourself out of your post-divorce blues, if you find that your depression runs deeper than a reaction to your divorce, we cannot underscore enough the importance of getting professional help. Talk to someone you trust about how you are feeling, and find a counselor to help you find your way back to your normal self.

At Cynthia H. Clark & Associates, LLC, our Annapolis divorce attorneys have the knowledge and skills to guide you through the challenges of divorce. Our years of experience give you an advantage during negotiations or litigation. To reserve a consultation at our office, please call 410.921.2422 or fill out our contact form today.

We all know that no one goes into a marriage thinking or intending to get divorced one day. People enter into a marriage with the best of intentions—til death do you part, or at the very least, a long happy marriage. Most people understand that a strong marriage takes work. But if you have given your marriage everything you can and it’s not working, it might be time to think about divorce.

Every couple is unique, every couple’s marriage is unique, and similarly, every couple’s divorce is unique. As divorce attorneys, however, we do see some of the same marital issues come up time and time again when dealing with the end of a marriage.

Common reasons Annapolis couples split up

Below, in no particular order, are six of the top reasons couples commonly separate and divorce.

1. Finances. One of the main reasons couples seek marriage counseling is due to financial issues. Lack of money, differences in spending habits, or even inequality in earning, can lead to power struggles. These struggles can cause deep cracks in the relationship that can be difficult or impossible to repair.
2. Infidelity: Extramarital affairs have led to the breakdown of many marriages. Today, with the prevalence of social media, infidelity can take many forms—not only face-to-face, but online or via text. Of course, the reasons why people might cheat are unique to each couple. For many people, infidelity is the biggest betrayal they can face, and this could be the final blow to an already weakened relationship.
3. Lack of intimacy. Intimacy is not strictly limited to physical touch or sexual relations. It also means having a deep emotional connection. Sometimes we will hear a client describe their relationship with their spouse as being like roommates, or that they spend little time interacting with each other. In a strong marriage, each partner makes the other feel special, and if the intimacy is not there, a relationship is likely in trouble.
4. Constant bickering. All married couples argue; that is perfectly normal. But a lack of resolution is a marriage killer. Many divorcing couples tend to repeat the same arguments—money, kids, work, chores, etc. If couples cannot see each other’s point of view, arguments remain unresolved and resentment grows. When two partners simply cannot see eye-to-eye on anything, divorce may be on the horizon.
5. Addiction. Addiction to alcohol or drugs is another common, and unfortunate, reason people cite for divorce. Addiction can change a person’s priorities by placing alcohol and drug use over their spouse, child, finances, or work. A dependence on alcohol or drugs can put an entire family in danger and is typically the final straw in the decision to end a marriage.
6. Marrying too young. Many couples divorce simply because they married young and were unprepared for the emotional and financial responsibilities of marriage. Research suggests couples who marry in their teens have a greater risk of divorce than couples who marry in their late 20s or early 30s.

The Annapolis divorce lawyers at Cynthia H. Clark & Associates, LLC are ready to advocate for you in all matters of family law. Our legal team is committed to looking out for your best interests. To reserve a consultation, please call 410.921.2422 or fill out our contact form.

Adjusting to life during and after a divorce can take some time. In addition to emotional changes, financial changes can take some getting used to as well. Changing your lifestyle to fit your budget, or supporting yourself with only one income are typically expected financial expenses that come with a marriage split.

However, there are other expenses that come up when you go through a divorce that you might not have considered. They can add extra, unwanted stress to the divorce proceedings, and affect you long after your divorce is finalized.

If you’re considering a divorce or are currently going through one, here are some of the common yet unexpected expenses you may have.

1. Insurance plans and policies: Most people focus on health insurance, especially if they have children. However, there are a number of other insurance policies that you may not be thinking about when you divorce. Many family insurance policies come in packages that roll in auto, home, and life insurance. After a divorce, policies and premiums will probably change when your assets are divided. It is smart to talk to your insurance agent in advance to find out how your premiums will be affected. This will also give you the option to look for a new insurance company that offers better rates if you’re not happy with your new premium.
2. Taxes: You and your ex-spouse will be taxed separately after your divorce is finalized. Taking into account changes in income and tax filing status, you might find a significant difference in taxes you owe now compared to taxes you owed in the past. There are also differences in what you can claim on your taxes depending on who pays and who receives alimony. Speak to your accountant about potential tax changes so you’re ready.
3. Retirement plans: If you have relied on, and contributed to, your spouse’s 401(K) or other retirement plan over the course of your marriage (or vice versa), you may need to make changes post-divorce. You may be allowed up to half the value of your ex’s 401(K) – ask us about the division of same during your visit – but you are responsible for implementing your own retirement plan after your divorce. Make sure you are informed and ready to transfer assets to a new plan that’s appropriate for your new financial situation.
4. Family memberships and plans: Family plans are typically less expensive than traditional plans. If you have family memberships at places like the gym, pool, or club, and need to change it to an individual plan, the fee will likely go up. Keep the same in mind for plans like cell phone bills.
5. Professional charges: As you move through the divorce process, you will have expenses like court and attorney fees. There may be other costs as well, like will drafting and financial planning. It is crucial to have a good understanding of your financial landscape and formulate a budget your legal costs, and design a plan to repay them with the least amount of stress.

Divorce is a difficult time, but it is also the opportunity to start anew. Make your fresh start easier by preparing yourself for the expenses you may encounter during your divorce and afterwards.

At Cynthia H. Clark & Associates, LLC, our experienced Annapolis divorce lawyers can answer all your questions about the process. Remember, being prepared is part of a strong strategy. To reserve a consultation at our office, please call 410.921.2422 or fill out our contact form.

When your marriage is ending, whether it’s been 12 years or 12 months, in Maryland you have the right to an equitable division of assets that allows you to move forward with your life. In a perfect world, every couple would be able to divorce without any contention or disagreement during the process. However, we all understand that, in many cases, this simply isn’t how it works in real life.

Fortunately, some spouses can amicably communicate on most issues during a divorce, whether it is for their own best interests or for the interests of their child or children. Some, on the other hand, face many challenges during a divorce and have trouble even being in the same room together. And, when it comes to down to issues like the division of marital property and assets, sometimes divorce proceedings can become completely acrimonious. When there are issues regarding who owns what, or uncovering hidden assets, your attorney will always help you discover the truth.

How might someone try to hide assets in a divorce?

If your spouse is attempting to prevent assets, funds, or property from division in the divorce, it is possible he or she could attempt covert actions to hide them from the court. In addition to this being completely unfair, it is also illegal.

There are a few common ways people try to conceal their assets in a divorce.

• If your spouse always has a lot of pocket cash, but his or her bank account or paycheck has decreased, you may have reason for suspicion. Many people attempting to hide monetary assets will have work paid “under the table” to avoid sharing that money with their spouse, or to avoid having the money on the books and paying taxes.
• If your spouse suddenly begins giving expensive or valuable items away, such as jewelry or artwork, it could be a way to hide those assets until the divorce is finalized. Some people will ask their friends or family members to hold onto their valuables until after the split is settled.
• Another ploy to hide assets is sudden expensive purchases. Your spouse might purchase a pricey piece of art or jewelry and then understate its value during the divorce. This is an effort to convert cash to property—after the divorce is finalized, he or she can sell the property back at its rightful value and have it converted back to cash.

We understand that divorce can be a very challenging process and hidden assets might be the last thing on your mind. Unfortunately, for many people this is a hard reality, and the most effective way of preventing it is being prepared and educated. You deserve what is rightfully yours from your marriage, and it is important you know where to turn for help when you need it.

A Maryland family law attorney also often possesses keen investigative skills and can help gather evidence as needed to bring suspicious behavior to the court’s attention. Your attorney’s knowledge and experience can significantly increase your odds of receiving the full amount of marital property to which you are entitled and then moving forward to a brighter future.

At Cynthia H. Clark & Associates, LLC, our family law attorneys have the knowledge and skills to help you achieve your goals during your divorce. Our years of experience give you an advantage during negotiations or litigation. To reserve a consultation at our office in Annapolis, please call 410.921.2422 or fill out our contact form.

In what many are calling “the wedding of the year,” Prince Harry of Wales and American actress Meghan Markle are set to get married in May of 2018. With the amount of wealth spread between the two, one might imagine there is an iron-clad prenuptial agreement in place. However, major news outlets (and gossip sites, of course) reported recently that the couple won’t be signing a prenup.

Many were surprised to hear this, especially in the case of someone like Prince Harry, who has an estimated net worth of about $25 million. This news, though, is not shocking to most British citizens. Unlike the United States, prenuptial agreements are not the norm. In fact, according to the firm Burt Brill & Cardens in the UK, prenuptial agreements are not even enforceable in court, although judges are likely to consider and uphold one when making a ruling.

Although it may seem that Prince Harry has significantly more to lose if the couple divorces, it is actually Ms. Markle who is in a more precarious position. The couple will live in a home owned by the royal family. Any national treasures that are part of the prince’s assets are part of the royal collection. Money set up in trusts for him by his late mother Princess Diana likely have provisions prohibiting the splitting of assets between parties. In short, because the royal family owns everything, it would not be divisible in a divorce.

Splitting assets after divorce

Of course, most of us will never marry into royalty. And if we do find ourselves getting divorced, we are more likely to find that splitting up assets can be a challenging and frustrating process. It is difficult enough when it comes to material, tangible possessions such as homes, cars, and any money in our accounts. It can be more challenging for couples with significant assets in retirement accounts, investments, or businesses.

Maryland is what is known as an “equitable distribution” state regarding property distribution. In this case, equitable does not mean equal, but instead what is fair for each party under their personal circumstances.

If a couple cannot agree on how to distribute the marital property, a judge will step in to make the decision. The judge will typically make his or her decision based on the assets and debts of the couple, how those assets were accumulated, and any circumstances that might affect how that property is divided.

The court is interested most in which property is marital, and thus subject to division, and which is separate, and belongs to one party only. Marital property can include anything from stocks and bonds to homes to wedding china—anything acquired together, during the marriage. Non-marital property can include property acquired by either person before the marriage, property acquired through inheritance (like jewelry or a second home), or anything agreed-upon in a prenuptial agreement.

The Maryland divorce attorneys at Cynthia H. Clark & Associates, LLC are ready to assist you. We can answer all your questions and stand by your side through the entire process. To reserve a consultation at our office in Annapolis, please call 410.921.2422 or fill out our contact form.

In 2015, the U.S. Supreme Court, in Obergefell v. Hodges, affirmed the right of same-sex couples to marry in every state. But what rights do parents have when only one parent is biologically related to the child? According to a report in Tuscson.com, the Arizona Supreme Court has held that the nonbiological same-sex spouse does have the right to make a parenting claim. The decision is being appealed to the U.S. Supreme Court.

The facts of the case

The biological spouse went through intrauterine insemination (also known as “artificial insemination”) with the sperm of anonymous sperm donor. Both spouses agreed to the intrauterine insemination process. The biological parent, Kimberly, gave birth to a boy in 2011. Both Kimberly and her spouse, Suzann, had agreed to a joint-parenting contract and signed wills stating that each spouse were equal parents of the boy. For two years, Suzann raised the boy while Kimberly worked as a doctor. After two years, Kimberly left, took the boy with her, and cut off Suzann from contact with the boy.

Suzann filed for divorce. She also sought parenting time based on an Arizona statute that holds that a husband is presumed to be a parent of any child born with 10 months of the marriage. The boy was born within that 10-month time frame.

The legal issues raised in the state court and on appeal to the U.S. Supreme Court

The Arizona Supreme Court ruled that the 10-month parenting statute applies to same-sex females just like it does to male husbands.

Kimberly, the biological spouse argues that:

Men and women are different. When a child is born to a mother, it is very likely that the male spouse is the biological father. It is not possible, in fact it is impossible, for a female spouse to be the biological father. For this reason, Kimberly argues, the statute does not violate the equal protection provisions of the federal Constitution.

The legislature and not the courts should decide this issue. Kimberly argues that Arizona has not sought to change or modify its parenting law to include a marriage between two female spouses – as other states have done. Oregon, New Jersey, and New York have enacted statutes that specifically include treating female spouses as parents in paternity cases when a child is born through intrauterine insemination. (The Maryland Court of Appeals has also recognized de facto parenting, though no legislation has been forthcoming, and the ruling can apply to all “non-traditional” families, not just same-sex couples.) Kimberly argues that the Supreme Court cannot usurp the authority of the legislature to state clearly the rights of same-sex parents when a child is born through this procedure.

It is not clear how any decision would affect the rights of same-sex male couples to claim parenthood when one spouse donates his sperm to a mother. After all, the case here was decided on very narrow terms based on a literal reading of the statute’s terms, so it is possible that this topic may not be fully resolved.

At Cynthia H. Clark & Associates, LLC, our divorce lawyers tackle the tough cases. To speak with one of our attorneys, please call 410.921.2422 or complete our contact form.

A few things that you should bring to your initial divorce consultation. First, bring any pleadings that have already been filed in your case, whether they were served on you, or you did the serving.

Next, make sure to fill out and bring to your consultation the initial intake form. So, that document will give basic facts about your family, the assets that you all have, children – the whole nine yards.

The next thing that you want to make sure to bring is your last tax return and any pay stubs so that we can run a child support guideline if children are involved; or if there’s an alimony claim to be made, we can do an assessment using that financial data.

The last thing, probably most important, is to bring a list of questions. This is your first opportunity to ask everything that comes to mind, and you want to get maximum value from that initial consultation.

Thank you.

Cynthia H. Clark & Associates, LLC is a premier Annapolis family law firm, representing clients throughout Maryland. To reserve a consolation with a skilled divorce attorney from our firm, please call 410.921.2422, or fill out our contact form

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