St. Louis Divorce & Family Law Attorney - The Betz Law Firm

St. Louis Divorce & Family Law Attorney - The Betz Law Firm

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Can the Length of Your Marriage Impact Your Divorce Outcome?

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Did you know that Missouri courts sometimes consider the length of the marriage when deciding divorce cases?

When evaluating factors that could influence the outcome of your divorce case, you may overlook the length of your marriage. But did you know that Missouri courts sometimes consider the length of the marriage when deciding divorce cases?

The Length of Your Marriage and Marital Property Division

Missouri courts use a standard that gives “equitable distribution” the highest priority when deciding marital property matters. This means most marital properties and assets are generally divided on a 50/50 basis. But the property distribution rules may change if you have been married for a long time. In “long duration” marriages, one spouse may end up getting more than the other — as long as the distribution is fair and reasonable.

Here are the different durations and how they can affect a property division outcome:

  • Long-Term Marriages: Over 10 Years – In marriages that have lasted for over ten years, it is assumed one partner might have depended on the other for financial support. In such proceedings, the court may give the spouse with the lower income a bigger portion of the marital property to place them on the same financial level as the other spouse. Also, the higher percentage is meant to make sure both partners have a matched living standards after divorce.
  • Short-Term Marriage: Less Than 5 Years – The court may divide marital property disproportionately based on income disparity to ensure both spouses are left on the same financial level.
  • Short-Term Marriage: Less Than 5 Years – The court may order equitable distribution of marital property, especially when both partners were earning an income.

Note: Every divorce case is different, so don’t assume that your case will wind up like other divorce cases. Also, don’t assume the length of your marriage will be a primary consideration in court. The court may use other factors when deciding your case. Your best option is to seek the help of an experienced divorce attorney to help you fight for your rights and protect your interests.

The Duration of Your Marriage and Alimony

Aside from income disparity, the judge may also consider the duration of marriage when determining alimony. For instance, if your marriage has lasted well over ten years, the court may order the spouse with more income to pay alimony to the spouse with less income for a longer amount of time. Generally, longer marriages are awarded longer alimony periods.

Contact The Betz Law Firm

If you’re looking to file for divorce, The Betz Law Firm is here to help. We are committed to guiding our clients through the court process with the same level of professionalism that we would wish for our family members. We are aware of our client’s trust in us with the future of their family, and we strive daily to earn it.

Speak With an Experienced Attorney

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Aug 2, 2021 @ 4:51 pm

Factors to Consider in a High-Asset Divorce Case

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High-asset divorce cases are often complicated and benefit greatly from the assistance of a St. Louis divorce lawyer.

High-Asset Divorce Case

Most divorce cases are usually accompanied by issues such as tax consequences, alimony, and property division. However, it can get even more convoluted when the couples have highly valuable assets. Due to the complications and the high stakes involved in such a divorce case, the involved parties ought to consider several factors. In this article, we will discuss these factors.

Identification and Categorization of Assets

It is often difficult to identify and categorize assets in a high-asset divorce case. Most of the assets acquired before marriage are considered apart from the rest. However, for some assets, this is not usually the case because of value appreciation. Some couples with high-value assets sign a prenuptial contract to apply property rights and reduce complications in the event of a divorce.

Evaluation of Assets

Assets in a complicated divorce often call for special evaluation. It becomes extremely necessary when businesses are involved. In this case, the opinion of an expert is needed to ascertain the worth of business on the basis of goodwill, debts, accounts receivable and annual statements. In addition, assets like retirement accounts, stocks, intellectual property, investment, and profits will also need special evaluation.

Tax consequences

Most people find tax and tax-related topics tedious and uninteresting. That said, major tax concerns are bound to arise when dividing high-value assets. The spouse that receives certain assets, for example, may end up being taxed on the distribution. Spouses involved in a divorce may be ignorant of the tax consequences of such as business entities, spousal maintenance, and benefit plans among others. It is highly advisable to put into consideration the possible implications of taxes and more importantly, involve a lawyer who will simplify the implications for them.

Duration of Proceedings

Owing to the complicated nature of these high-asset divorces they often end up taking longer than usual. The endless processes of evaluation, categorization, and division of assets are extremely burdensome and take a lot of time. Therefore, ephemeral orders for legal expenses, custody matters and spousal maintenance need to be put into place. These complications sometimes push the parties to prefer an undisputed divorce and avoid the whole process altogether.

Celebrity Couples

In case the involved parties are public figures, the whole process should be handled with care. If details of marital issues and the case proceedings are leaked to the media, they may be aired to the public making matters even more complicated. The couple may end up suffering more emotional damage than they already are. It is, therefore, important to make use of a family lawyer who will enforce privacy protection measures like going through mediation, acquiring gag orders or sealing the court proceedings.

St. Louis Divorce Attorney

These factors barely cover the complicated details of a high-end divorce case. Nevertheless, they are important in helping to reduce the stress that such a divorce brings. The involved couples ought to take them into consideration. They may seem minor but they go a long way in saving time, money and emotional pressure. It is even better to hire a St. Louis divorce attorney who will help with the whole process.

Contact The Betz Law Firm today for a free 30-minute phone consultation by calling (314) 801-8488 or by filling out our online contact form.

Jun 3, 2020 @ 9:40 pm