Kentucky And Indiana Law Blog

When Kentucky couples decide to divorce, they are often struggling with intense emotions surrounding the end of their marriage. In addition, they must also find ways to work together to resolve important issues such as child custody as well as the separation of their joint finances. In many cases, spouses may not fully understand what it means to divide property, assets and debts.

One of the first things that a couple will need to do is develop an accurate understanding of marital assets as well as joint debts. This can be a complex process, particularly if spouses have not been entirely honest with each other regarding spending and the maintenance of financial accounts. Still, attorneys and other financial professionals will need to know about current debts and assets so that a fair property settlement can be negotiated.

With divorce on the rise among older couples, attorneys in Kentucky may be working with more clients who are concerned about protecting their retirement. There are several considerations specific to older divorced couples. For example, some people may not be aware that after retirement, they might be eligible to draw benefits on an ex-spouse's Social Security contributions if they were married for at least 10 years.

If one spouse is supposed to pay alimony to the other, it is important to correctly assess the income of the paying spouse. For older adults, career advancements could mean that in addition to a salary, there are ownerships in various companies, stock options and more. This should all be taken into account. The person paying alimony might also be required to carry a life insurance policy. This can help ensure that if the person dies, the recipient will still receive payments that could be critical to financial security.

Family law judges in Kentucky and around the country tend to favor co-parenting arrangements whenever possible because research shows that the children of divorce are less likely to develop emotional or behavioral problems when they spend time with both of their parents. Divorced parents are usually able to put their differences aside when the welfare of their children is at stake, but even the most amicable child custody and visitation arrangements can become difficult when one of the parents remarries.

In this situation, the divorced parent who remarries and the parent who does not may both find themselves in an uncomfortable position. The remarried parent could find it difficult to exclude a new husband or wife who they want to make happy from parenting activities, and the parent who does not remarry may feel like they are being replaced. People who wish to avoid these issues should have frank and candid discussions about how the marriage will affect their parenting roles before it takes place.

A study that was published in the Journal of Sex & Marital Therapy suggests that views of marriage and the reasons people file for divorce are shifting. While in the past divorces were often prompted by such behavior as violence or infidelity, the study indicated that more people are leaving marriages because they do not feel emotionally fulfilled. This also could indicate a fundamental change in how marriage is viewed to one in which intimacy, communication and respect are crucial.

The biggest reason for divorce, cited by 47% of the participants, was a lack of love or intimacy. People left partners when they realized one or both of them no longer had feelings for the other. Just behind this reason was a lack of communication at 44%. In third place were couples who had grappled with a lack of trust or respect for one another. Another reason for divorce was simply that the couple had grown apart and no longer wanted the same things in life.