Family Law Newsletters

Important Documents for an Elder Person to Possess

Although no one likes to think of death or incapacitation, individuals, especially elderly individuals should be prepared. There are several important documents for an elder person to have in their possession.

Long Distance Caregiving, Hiring a Caregiver, and Medicare

Many adult children no longer live in close proximity to their parents. Often times either children or parents relocate due to employment or retirement. If a parent falls ill, the task of caring for the parent in a long distance capacity may be very difficult and stressful. Moreover, long distance caregiving is a time-consuming endeavor.

QDROs, Pension and Retirement Plan Division in Divorces

In a divorce, retirement benefits are typically subject to division between the parties. The division usually occurs by way of actual division or asset exchange. After the court has determined the actual division of the retirement benefit, a QDRO is issued. A QDRO is a judgment or order that recognizes the existence of the non-employee's right to receive a portion of the employee's retirement benefits.

Same-Sex Marriages, Civil Unions, and Domestic Partnerships

Although many people interchange the terms same-sex marriage and civil union, they are actually two different and distinct concepts. A same-sex marriage is defined as a marriage between two individuals of the same gender. A same-sex marriage involves a certain legal status for the couple. Further, each state has its own requirements with respect to marriage.

Valuation of Noneconomic Contributions

The economic partnership concept that underlies equitable distribution recognizes the noneconomic contributions of a spouse to the acquisition of marital property. Equitable distribution recognizes that the homemaker's noneconomic contributions can play a substantial role in the acquisition of property during marriage and entitle the homemaker to share in the fruits of the marital partnership when it ends.