Going through a divorce is as difficult for Virginia residents as it is for any other couple in the US. It can be difficult to dissolve a marriage that started with so much hope. One of the best things that can happen in a divorce is that the split is amicable. An amicable split means that there isn’t any fighting or animosity over things like assets, children or anything else that needs to be divided. A divorce like this is called an uncontested divorce. It’s also referred to as a collaborative divorce for obvious reasons.

With an uncontested divorce, couples work out the terms of their split without having to go to court. Some people even go so far as to not have any attorney involvement at all. This isn’t a great solution for people who have assets to split, but it may be an idea to consider for a couple that has few or no belongings or anything else that needs to be divided.

For people who have considerable assets, lawyer involvement is still advised. There are so many rules, regulations and clauses attached to different types of assets. Failing to adhere to them could come back to bite someone further down the road if things were not handled through all the proper channels.

There are many great psychological reasons to opt for an uncontested divorce. It helps everyone stay calm and happy throughout negotiations. It prevents a lot of the stress that comes along with contested divorces. It helps establish future goodwill between the spouses, especially if there are children involved. Even if there are no children involved, an uncontested divorce is a good idea because it helps show friends and family that there are no hard feelings between the two soon-to-be-exes.

Couples who are looking to get a divorce may benefit from working with attorneys who have experience handling all different types of divorces. Working with a lawyer on an uncontested divorce can help everything go smoothly while affording both parties some peace of mind.

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No Help for the Costs of Pregnancy and Birth.
One of the significant gaps in Virginia’s child support laws has been the mother’s inability to get help from the father in covering the costs arising out of the pregnancy and birth of the child. In the past attorneys at Robert L. Isaacs have had some success recovering these costs in divorce negotiations, but this was an awkward solution and possible only to mothers who were married to the father.

New Law Fills the Gap.
Luckily in March the General Assembly resolved this problem. Effective July 1, 2020, the code section that controls child support (Va. Code §20-108.2) will be amended to allow a court to order a father to contribute towards the unpaid costs arising out her pregnancy and the costs of delivery. These costs will be divided in proportion to the incomes of the parents. So, if the father earns $100,000.00 per annum and mother earns $50,0000.00 the father would pay 66% of all unpaid expenses and mother 33%.

Limits on What a Mother Can Recover.
How exactly this new law will be implemented depends upon the way in which judges interpret it. Not all judges, nor all courts will interpret this law the same.

A few limitations are clearly set out.

1. To recover these costs a mother must file for support within six months of giving birth.
2. The mother can only recover for pregnancy and delivery costs which are unpaid.
3. The expenses must be “reasonable and necessary”. Again, this will limit recovery to medical costs which if recommended by a doctor are typically reasonable and necessary. Other costs such as the cost of a doula or labor coach may not be recoverable.
4. The division of payment shall be in proportion to the incomes used to caluclate child support.

Proving these costs will require a fair amount of documentary evidence. The attorneys at Robert L. Isaacs work hard with clients to collect financial documents and then present them to the court in a way which is easy for the judge to understand.

Thoughts for Father
The new law will have an impact on fathers ordered to pay child support. Perhaps the biggest will be the initial arrearage that they ordered to pay off. Child support is retroactive to the date of filing. For example, if mother files for support in January, and in June the court orders the father to pay support of $500.0 a month then father immediately owes $3,000.00 to mother for the support he should have paid between January and June. Now, a father may find that they owe not only past child support but considerable medical costs.

The cost of childcare already makes the first years of child support a tough financial burden. This will make the initial order even tougher. The attorneys at Robert L. Isaacs work hard with fathers in similar positions to prepare them for their potential exposure on child support, verify the numbers a mother presents, and negotiate a child support order which a father can meet.

If you have a child support matter that you would like assistance with schedule your consult with one of our attorneys today.

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A divorce can come with significant emotional and financial turmoil. In Virginia, your spouse could be entitled to a portion of your 401(k) in the final divorce settlement. How funds in such an account are allocated depends on a variety of factors unique to a given case.

A prenuptial agreement may determine how assets are divided

If you have a valid prenuptial agreement, it will determine how a 401(k) or other assets are split. In some cases, the agreement may stipulate that retirement accounts aren’t divided at all. It is also possible that your estranged spouse will let you keep a larger share of a retirement account in exchange for receiving the family home or other items.

Money added to any retirement account could be joint property

Absent a prenuptial agreement, any money added to a retirement account could be considered a joint asset. This is true whether you or your employer contributed to the account during a marriage. It is also important to note that any contributions made to your spouse’s IRA or 401(k) are also considered to be joint property.

The spouse who made more money may receive a smaller share

It isn’t uncommon for the spouse who made the most money during a marriage will receive a smaller share of a 401(k). Alternatively, a judge could award the majority of a retirement account to the person who made the majority of the contributions over the past several years or decades. Regardless of how the account is split, money should not be removed from it before a qualified domestic relations order has been approved by a judge.

If you believe that you’re going to be getting a divorce in the near future, it may be a good idea to speak with an attorney. Legal counsel may be able to help you learn more about how retirement accounts or other assets may be split in a final settlement.

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Property division is an essential part of divorce. It’s so important that, if you can’t agree on the terms of division with your partner, the court is likely to get involved.

Virginia looks for equitable division in divorce. This means the court will look for a fair share for each partner, but not always an even share. In many cases, marital property division involves retirement accounts.

Retirement funds

Plans like 401(k)s, IRAs and mutual funds could all be subject to division in a divorce. In terms of how retirement funds are divided, factors to consider include:

• When you established the accounts
• How you funded them
• How much they’ve grown over time.

For example, an IRA you established before marriage may be considered separate property (not necessarily divisible) if you stopped funding the plan once your got married. However, a pension plan from a job you started after your marriage date may be divisible between you and your spouse.

The process is typically different for military pensions, which have their own rules set by the federal government. If you are or were a military member, the overlap of your marriage and your service, along with the duration of your marriage, can affect how the funds will be divided in the event of divorce.

Assigning shares

A Qualified Domestic Relations Order (QDRO) is typically used to determine how retirement funds will be divided between divorcing spouses. The QDRO will go directly to the party that handles your plan. It will spell out that your spouse will also receive benefits and how the funds will be distributed. The distributions might come from a single fund, or a separate account, independent of yours, may be created to distribute funds to your spouse. Either way, a percentage of your retirement assets may be funneled toward your former spouse.

The process of dividing marital property can be extremely complex, particularly when complex assets like investment accounts and retirement plans are involved. Make sure you know what’s on the line, and speak with an attorney as soon as possible to protect your fair share of marital property.

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