Greg Ryan & Associates Greg Ryan & Associates, Attorneys at Law2024-03-13T08:42:53Zhttps://www.gregryanlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303487/2020/04/cropped-Favicon-e-32x32.pngOn Behalf of Greg Ryan & Associates, Attorneys at Law, LLLChttps://www.gregryanlaw.com/?p=486262024-02-20T05:53:58Z2024-02-24T05:53:45ZFailing to disclose assets
You must provide full financial disclosure to your future spouse, including debts, assets, income sources and anything else relevant to the prenup. Omitting or hiding anything substantial qualifies as fraud, giving grounds to invalidate the agreement later. Regularly update your disclosures if assets change during the engagement.
Not following proper steps
Hawaii law dictates several formalities for valid prenups. This includes having it signed and notarized well in advance of the wedding to allow plenty of time for review and consideration. Both parties must voluntarily agree to the document and any subsequent modifications. Skipping any of these technical steps can make your prenup unenforceable.
Making changes at the last minute
It is tempting to tweak your prenup at the last second as emotions run high before the wedding. However, significant changes made right before the ceremony, without proper review, may appear as coercion or lack of consent. Stick to the prenup as originally agreed upon to avoid this pitfall.
The courts can invalidate a prenuptial agreement with material flaws or inequitable terminology. Protect your assets and relationship with an agreement that will withstand legal scrutiny. With proper diligence upfront, your prenup can provide peace of mind rather than problems down the road.]]>On Behalf of Greg Ryan & Associates, Attorneys at Law, LLLChttps://www.gregryanlaw.com/?p=486172024-01-23T10:24:18Z2024-01-26T10:23:52ZImpact on career opportunities
In Honolulu County, the median household income is $99,816. However, military spouses often face challenges in establishing and maintaining their careers due to the demands of military life. Frequent moves and the need to adapt to different work environments can hinder professional growth.
One example is the state-specific licensing or certifications many professions require. Military spouses may face obstacles in transferring these credentials across state lines. This creates barriers to employment and limits the career options available to them. The time-consuming process of obtaining new licenses with each move adds an additional layer of complexity, further impeding career development.
Another example is the career interruptions and resume gaps for the nonserving spouse. Employers may view these gaps skeptically. They affect the spouse's marketability in the job market. Over time, these interruptions can accumulate, affecting the overall trajectory of the non-serving spouse's career.
The financial implications of these challenges can further complicate discussions around spousal support, as the nonserving spouse may require additional support to overcome career setbacks.
Uncertain duration of service
Unlike civilian jobs, military service comes with a level of uncertainty regarding the duration of assignments. The potential for sudden deployments or reassignments can disrupt long-term financial planning for both spouses. This uncertainty can add stress to spousal support negotiations.
Military benefit systems
Military benefits, such as health care and housing allowances, can have direct implications on the financial support structure. Both spouses must be well-informed about these benefits and how they factor into alimony calculations.
Understanding military benefits and support systems is important for spouses facing the complexities of spousal support during divorce. The military's unique structure and regulations can make the process less straightforward than in civilian life.]]>On Behalf of Greg Ryan & Associates, Attorneys at Law, LLLChttps://www.gregryanlaw.com/?p=486132023-12-19T09:08:58Z2023-12-23T09:08:30ZAssets and debts
Post-nuptial agreements serve as a valuable tool for couples to define and allocate their assets and debts. Clearly outlining the division of property and financial responsibilities can prevent disputes and lengthy legal battles during divorce proceedings.
Alimony and spousal support
As of 2019, alimony and support payments are no longer tax deductible by the payer, and the recipient must include them in his or her income. If you married before this new law came into effect, assumptions about how support impacts both parties after divorce require revisiting. Establishing predetermined terms for financial support clarifies expectations and eliminates tax time surprises.
Child custody arrangements
Once children arrive, post-nuptial agreements can make it easier to get divorced by sorting out who gets custody. If the agreement has clear rules about who the kids live with, when they visit and what each parent is responsible for, it can prevent arguments. This makes things more stable and predictable for the kids during a tough time.
Emotional stress
Divorce is an emotionally charged process, and the uncertainty surrounding financial and legal aspects can exacerbate the stress for both parties. Post-nuptial agreements act as a roadmap, guiding couples through the divorce process.
Preserving privacy
Another good thing about post-nuptial agreements is that they help keep the divorce private. When couples talk about sensitive topics in the agreement, they can avoid court proceedings, keeping things more confidential. This can be important for personal and work reasons.
For many couples, drafting a post-nuptial agreement streamlines the divorce process and contributes to a more amicable separation.]]>On Behalf of Greg Ryan & Associates, Attorneys at Law, LLLChttps://www.gregryanlaw.com/?p=486092023-12-14T18:59:40Z2023-12-14T16:53:18ZThe 10/10 rule
If the marriage and military service overlap for 10 years or more, the non-military spouse may receive a share of the service member’s retirement pay directly from the Defense Finance and Accounting Service (DFAS), which is the entity responsible for military pay and benefits. The non-military party can receive those payments without having to coordinate with their former spouse.
Couples married for less than 10 years
The 10/10 rule is important because of its direct payment mechanism. If the couple was married for less than 10 years, the non-military spouse may still be eligible for a share of the service member’s retirement benefits, but the non-military spouse must arrange those payments with the service member, likely in a divorce agreement.
As stated above, if the couple has been married for 10 years or more, and that time overlapped with 10 years of military service, the government streamlines the payment process and directly pays the non-military spouse.
Divorce is always a complicated process for military members and civilians alike. However, it is important to consider the differences in military divorce. It is also important to choose an attorney who is familiar with these matters and can protect your interests effectively.]]>On Behalf of Greg Ryan & Associates, Attorneys at Law, LLLChttps://www.gregryanlaw.com/?p=485882023-11-17T07:06:22Z2023-11-23T07:05:47ZKeep talking openly
Enlisted individuals have a divorce rate of 3.5%, while officers have only a 1.7% rate. The Navy has the lowest rate at 2.8%, while both the Marines and Air Force experience a 3.3% divorce rate. One major contributor to most divorces is insufficient or inadequate communication.
However, to co-parent effectively, you need to communicate regularly. Share updates about your kids, their school and any major or minor events in their lives. Military life can be unpredictable, so keeping communication open helps prevent misunderstandings and makes co-parenting smoother.
Be flexible with parenting plans
Military schedules are not consistent. Therefore, you should create a parenting plan that is flexible, taking into account the uncertainties of deployments, training and moving around. Being flexible helps you adjust to the challenges of military life while making sure your kids' needs come first. Build backup plans that work for both you and your former spouse during deployments, training and emergencies.
Embrace technology
Plan ahead and figure out how the military parent can stay connected with the children during these times. Technology, like video calls, emails and working on projects together online, can be a big help in keeping the family bond strong despite their miles apart.
Keep things consistent
Having consistent routines and rules in both households can make transitions between homes smoother for kids. Consistency gives them a sense of security, which is especially important when dealing with the challenges of military life.
Successful co-parenting focuses on what is best for the kids. As you approach your co-parenting challenges, put their needs first.]]>On Behalf of Greg Ryan & Associates, Attorneys at Law, LLLChttps://www.gregryanlaw.com/?p=485852023-10-16T10:26:01Z2023-10-19T10:25:44ZUnderstanding the impact on custody arrangements
Parental relocation can significantly affect existing custody arrangements. The distance between the parents' new locations can substantially impact the child's ability to spend time with both parents. While many couples strive for shared custody, 25.8% of children in the U.S. only lived with one parent in 2019. A move may necessitate a modification of the current custody order.
Prioritizing the child's best interests
Parents should consider the child's best interests as the foremost priority. Courts typically look at what is in the child's best interests when determining custody arrangements. This may involve evaluating the child's relationship with each parent, the impact of the move on the child's education and the availability of support systems in both locations.
Adapting to the child's needs
Additionally, parents should be mindful of how the move could affect the child's daily routine. Factors such as school, extracurricular activities and social relationships play a key role in the child's life. Parents should work together to create a revised custody plan that accommodates the child's needs while respecting each parent's rights.
Compliance with legal requirements
It is also important to be aware of the legal requirements associated with parental relocation. Hawaii has specific rules and regulations that govern this process. Parents should familiarize themselves with these laws to ensure compliance. This might involve obtaining the court's approval for the move or notifying the other parent within a certain timeframe.
When a parent decides to move out of state and child custody is at stake, a thoughtful and child-centric approach is important. By working together, parents can create a suitable plan that takes into account the child's needs and ensures a smooth transition during this significant life change.]]>On Behalf of Greg Ryan & Associates, Attorneys at Law, LLLChttps://www.gregryanlaw.com/?p=485822023-11-10T22:58:06Z2023-09-30T05:58:28ZHawaii Marital Property Law
In Hawaii, the courts generally consider assets acquired during the marriage to be marital property subject to division between the spouses. That often includes retirement funds accumulated during the marriage. This includes employer-sponsored retirement accounts, such as 401(k)s and Individual Retirement Accounts funded with marital income.
While retirement funds are generally considered marital property, there can be exceptions. If you or your spouse had retirement accounts before the marriage, the portion of those funds you can trace back to before the marriage is often separate property and may not be subject to division.
Qualified Domestic Relations Orders
To divide retirement funds in an uncontested divorce in Hawaii, you will likely need to get a Qualified Domestic Relations Order (QDRO). A QDRO is a legal order that directs the retirement plan administrator to divide the funds according to the divorce agreement. Before proceeding with retirement fund division in an uncontested divorce, there are a few critical points to consider, including tax implications and early withdrawal penalties.
Even when a divorce is amicable and uncontested, it is important to have legal counsel you can rely on. In the event that a dispute over marital property does arise, the importance of effective legal representation cannot be overstated.]]>On Behalf of Greg Ryan & Associates, Attorneys at Law, LLLChttps://www.gregryanlaw.com/?p=485782023-08-24T05:33:01Z2023-08-30T05:32:37Zdeclined, it still offers the best solution for some couples. As you navigate the complexities of ending your marriage, focus on prioritizing the following to help it go more smoothly.
1. Know your financial situation
Even people who amicably divorce still have pent-up emotions, wants, and needs. That makes keeping emotions in check while going through finances essential. Since Hawaii courts focus on an equitable settlement, it remains vital to have a full and clear understanding of your finances. Any hidden assets or unexpected debt could lead to not receiving what you deserve.
2. Take time to make decisions
Oftentimes, working toward the final dissolution makes it easy to make hasty decisions. While in the heat of the moment it may seem fine, the wrong decision could have long-lasting effects. Ensure you understand anything before signing it or agreeing to part with something that you may regret later.
3. Think about your future
While easy to get immersed in the now, you should not forget that you have a new future waiting for you. Prioritizing self-care during the divorce process may help you start to structure how you want your new life to look. Building a network of friends for support and guidance makes it easier to transition once the divorce gets finalized.
Going through a divorce comes with many complications, feelings, and financial stresses. Sticking to your priorities helps ensure you get your equitable share and can start a new life easier.]]>On Behalf of Greg Ryan & Associates, Attorneys at Law, LLLChttps://www.gregryanlaw.com/?p=484952023-07-14T08:13:11Z2023-07-20T08:12:23ZWhy keep living together if you don't want to stay married?
These might be some of the reasons many divorced couples continue to live in the same home. While most couples start living separately before filing for divorce (and, in fact, must be separated for months in many states, though not Hawaii), practicalities sometimes lead couples to stay under the same roof. Such reasons could include:
A weak real estate market making it take a long time to sell the marital home.
A creative way of sharing child custody.
Disagreement over who should get to keep the house.
Arrangements like this have been in the news lately involving high-profile couples. Recently, former New York City mayor Bill de Blasio and his wife, Chirlane McCray, announced they were "separated" but still living in the same home. Meanwhile, actor Kevin Costner and his wife are fighting over their home, with the wife refusing to move out over his objections and offer to pay for an expensive rental home and moving costs.
Help working toward your future
Stories like these show that no two divorce proceedings are alike. You need a legal strategy adapted to your individual goals and needs, as well as your children's. Working with a seasoned divorce attorney can help bring your vision of a reasonable divorce settlement into focus.]]>On Behalf of Greg Ryan & Associates, Attorneys at Law, LLLChttps://www.gregryanlaw.com/?p=484472023-07-17T21:30:29Z2023-07-17T18:32:34ZMaintain open communication
Parents need to maintain open and honest communication with their children. It is important to explain the situation to them in an age-appropriate manner and reassure them that both parents will continue to love and support them.
Prioritize the children's needs
Parents must prioritize their children's needs throughout the divorce process. This includes considering their emotional, physical and educational needs, and ensuring they have access to the resources they require to thrive.
Create a stable environment
It is important to provide a stable environment for the children, despite the changes that are happening. This may involve maintaining routines, upholding family traditions and ensuring that the children's day-to-day lives are as uninterrupted as possible.
Make decisions together
Even though the parents are separating, they should aim to make important decisions about the children together. This includes decisions about schooling, health care and other significant aspects of the children's lives.
Use mediation for conflict resolution
If conflicts arise, parents should consider using mediation services. Mediation can provide a neutral setting where parents can resolve disagreements in a way that prioritizes the best interests of the children.
Encourage healthy coping mechanisms
Parents can guide their children towards healthy coping mechanisms, such as talking about their feelings, engaging in physical activities or exploring creative outlets. It might also be beneficial to consider professional counseling if needed.
Ensuring that children do not suffer during a divorce requires effort and dedication. These strategies can go a long way towards helping children navigate this challenging time and ensuring they continue to thrive despite the changes in their family dynamics.]]>