Can You Claim Spousal Maintenance After a Separation?

Sometimes known as alimony, spousal maintenance is paid by one spouse to another after a divorce. However, you don’t have to formerly dissolve your marriage in order to be able to claim spousal maintenance. If you are legally separated, as opposed to divorced, you could be entitled to maintenance.

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If the separation is amicable, both parties may be able to come to an agreement regarding the division of property and the amount of spousal maintenance to be paid. However, it’s important to seek legal advice before you agree to any arrangements.

In most instances, separating couples ask the court to decide how much should be paid to whom and for how long. When calculating spousal maintenance, divorce laws state that various things should be considered, such as:

1. The Length of the Marriage

How long you’ve been married will affect the divorce settlement. If one party came to the marriage with significant assets and the other didn’t, for example, a short marriage will not necessarily equate to both parties receiving similar settlements. In general, the longer you’ve been married, the more likely you are to be awarded spousal maintenance. Additionally, the amount of maintenance you’re awarded is typically higher if you have been married for a long period of time.

2. Earning Capacity

Each party’s earning capacity will be taken into account when spousal maintenance is addressed by the court. It’s important to note that your current income is not the same as your earning capacity. Voluntarily giving up your job to lower your income prior to divorce won’t be viewed positively by the court and your earning capacity will remain relevant.

There are various factors that can impact your earning capacity, including your education, prior job roles, your health and wellbeing, as well as whether you’ve given up work in order to support your spouse and/or your children.

As this area of law is complex, you’ll want to seek advice prior to submitting your earning capacity to the court. By consulting a law firm which specializes in divorce law, such as M. Sue Wilson Law Offices, you can access the advice and representation you need. What’s more – getting legal representation will ensure your rights are protected throughout the separation or divorce process.

3. Contribution to Marital Estate

The contribution each spouse has made to the marital estate will also affect a spousal maintenance award. However, it is not only financial contributions which are taken into account. If one person gave up their career to be a stay at home parent, for example, their contribution would not be ignored simply because they were not generating financial income.

Understanding Your Rights

Divorce laws in the U.S. are notoriously complicated, which is why it’s essential to understand your rights before agreeing to a settlement. Furthermore, an acrimonious separation can mean that one or both parties are unwilling to divulge critical information. By obtaining legal advice and representation, you can ensure that your claim for spousal maintenance is dealt with appropriately and efficiently.

7 Ways to Get Your Home Ready for the Fall

 

The Colorado landscape is gorgeous this time of year, and it's no secret that more folks will want to spend more time enjoying the season. With more time being spent at home this year, it's important to ensure the safety and comfort of your fall guests by performing fall maintenance tasks. You can get your home ready for pumpkin spice season with these seven handy tips from Mountain Insurance.

1. Inspect your fireplace, dryer vent, and outdoor firepit.

It’s a good time to get your fireplace ready now that chilly nights are here. A local chimney sweep can clean and repair any cracks.  Assure your damper, gas lines, and hookups are clean and operating smoothly. They can check your dryer vent and outdoor firepit, too.

2. Check out your driveway, walkways, and railings.

After summer heat and busy outdoor activities, these areas around your home can show wear and tear. Seal up cracks and holes. That will prevent water from freezing and crumbling the concrete. It’s a good idea to tighten the railings while you’re at it. Crossing the driveway and walkway is a different story in the ice and snow!

3. Don’t forget to drain the outdoor faucets and water lines.

This is easy prevention. Who wants to come home to frozen faucets that burst and poured running water all over the house? Drain the lines. Turn off all faucets. Remove sprinklers and garden hoses and put them indoors.

4. Unclog the gutters and repair the downspouts.

It’s a good time to clean out the gutters once the colorful Colorado autumn leaves have fallen. You’ll want to be sure to tend to the downspouts, too. Any clogs can be the source of water spilling over and causing roof or siding damage.

5. Service your Furnace or Boiler.

Is your furnace or boiler making odd sounds? Now is the time to have a certified professional service for your unit. And make repairs to water leaks, pressure build-up, and other working parts in your heating system. A heating system that’s running smoothly will keep you and your family cozy and warm when the temperatures drop. And help lower energy costs.

6. Put new batteries in your safety detectors.

As the saying goes, “When you change your clock, change your batteries.” Check to see that carbon monoxide and smoke detectors are in working order. Put a fresh set of batteries in all of the units. While you’re at it, check the expiration date on all fire extinguishers. Replace any extinguisher that shows signs of damage, corrosion, or leaks. Make sure it’s fully charged.

7. Now’s a good time to check your home for radon.

Windows and doors tend to be closed more in the cooler season. It’s a good time of year to test for hidden levels of radon that may build up in your home. Use a certified contractor to test for radon levels according to EPA standards. The contractor can mitigate and remedy detected problems if any.

Preparations for a safe and comfortable home makes for an enjoyable fall season!

4 Fun Ways To Keep The Kids Entertained At Home

Baking with kids is a blast!

(Originally posted 6/11/2019, but with the COVID situation, I thought I'd give it an update and repost)

With the school summer vacation looming comes the tricky task of how to keep your kids entertained for weeks on end. The weather isn’t always on your side, and you might face many wet and dreary days stuck in the house together (which isn’t necessarily a bad thing because who can say no to some quality family time?).

Keeping everyone busy and entertained doesn’t have to break the bank – the more creative you get with it, the more fun things you can come up with which may not even cost a dime.

Of course, there are also some cool investments you can make, too, if there comes a point when you’d rather the kids entertain themselves with a piece of tech because you need to get on with the laundry and your own tasks for the day.

Take a look at some of these tips to get your creative fun-loving gears whirring. 

Build an Awesome Fort

If your kids are still young enough to appreciate the power of imagination, it only takes a minute’s work to transform a pile of empty boxes, cushions and sheets into a fairy tale castle, fort or fun-filled maze. 

The great thing is you won’t need to spend any money: just pull the bed sheets right off the bed, lay them on the back of the couch and get creating your dream fort!

Bake Something Yummy Together

Because there’s nothing better than tasty treats and snacks while enjoying a cozy day home with the family – and what kid is going to say no to the concept of whipping up some delicious home-baking? 

Get creative with food coloring, fun stencils or weird flavors. This is also great for teaching your kids elements of cooking and making their way around the kitchen, as well as showing them what great products can come from using the kitchen at home. It may get messy, but that just means you’ve done it right. 

Invest in Audio and Video Products

In this day and age, there’s only so long you can keep a child away from a screen. Obviously the goal is to get your kids away from the TV or tablet long enough to enjoy family time and fresh air, but that doesn’t mean that it’s a bad thing for you and the kids to enjoy a movie together, cartoons or a bit of fun music. 

Companies like The Wires Zone offer free shipping on pieces of tech, and even same-day shipping if you’ve woken up just realizing you promised the kids you’d watch a home movie today. They offer items like Blu-Ray players and surround-sound speakers to make sure your family movie day is done right.  

Practice Face Painting

Make use of cheap skin-friendly paints to transform your kids into little tigers or their favorite superhero – and let them have fun doing the same to you! Get the artistic juices flowing.

Just don’t forget to check the mirror before you go answering the door to any unexpected callers!

Need more ideas? Check out these Top 18 Ideas for a Perfect Night In!

Moving Long-Distance? Take These Steps First

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When it comes to moving house, some of us choose to move just a couple of streets across, possibly

to find a bigger home or be closer to family. Some of us, however, tend only to move in big chunks,

taking us from one city to another, or potentially even another state or country. You may be in the latter

group if you have a job that requires you to travel, or happen to experience wanderlust.

However, any one of us can end up moving more or less across the country for one reason or another.

Maybe our job demands it, or maybe we have to move to help family during a tough time. Either way,

it is important to be aware of what such a long distance move entails, and how to make sure that you

take all the necessary precautions before you make it.

Read up on state/regional/national law where you’re going

Outside of a vague sense that we’re always operating on the right side of the law, many of us do not

have in-depth legal knowledge, and specifically do not know the difference between the laws where

we are, and law elsewhere. However, if you are moving within the USA, you may need to brush up

on state law in the place you’re moving to. Even neighboring states can have vastly different laws on

issues such as drinking alcohol, gun ownership and driving. That’s just the tip of the iceberg, so make

sure to learn what you need to know.

Heavy weight makes any trip tougher

Though many of us decide to travel light and save money by turning our house move into a road trip,

driving across the country with most of your possessions may well be a false economy; it will definitely

slow your drive, and will lead to more frequent refuelling stops. Assigning this part of the job to the likes

of North American Van Lines is a smart move - then you can move at your leisure, potentially even

flying to save the exhaustion and expense that comes from a long, multi-day drive and several motel

stops. Moving is a tough process, why make it any harder than it needs to be?

Switch over your utilities

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No matter how you’ve traveled, nor how long it has taken, when you arrive at the other end of a

long-haul move you are going to be tired. You will also be the very opposite of fresh, and won’t much

be in the mood for anything beyond flaking out and beginning to relax into your new home. So make

sure that you have alerted your utilities provider in the old home to switch off your service on moving

day, and spoken to your new provider to make sure your supply is on. You will want to shower, and you

are not going to want to do it in the dark, so it’s worth a check-up call a few days before the move to

ensure everything is on target.

A long-distance move can be exciting and filled with learning opportunities, but it is also testing at every

turn, so make sure you’ve got the essentials covered before you move.

Avoiding Debt During the Pandemic

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2020 has been a difficult year in many ways. The coronavirus and Covid-19 pandemic has impacted

pretty much all of us in some way or another, some of us to a greater extent than others. This virus has

posed a serious threat to our health and wellbeing, but this isn’t where its chaos has ended. Instead, in

a bid to slow the spread of the virus and save lives, governments around the world have implemented

social isolation and social distancing measures, which have made businesses of all shapes and sizes

struggle to operate. With people unable to go to work or shop as usual for so many months, many

companies have begun to collapse. Many of us have lost our jobs. Many of us are operating on

reduced hours. Many of us have had to accept reduced pay packets as a means of simply holding

onto our positions. This, unsurprisingly, means that many of us have been struggling with debt as a

result. While debt may be inevitable for some of us right now, there are steps you can take to try to

help yourself as best possible. Here are a few to take into consideration.

Contact Lenders

If you have credit card bills, loan payments, financial agreements or other forms of arranged debt that

you’re trying to deal with and may not be able to meet with your reduced income, it is essential that

you contact the lenders you’re engaging with as soon as possible. Why? Well, many lenders are well

aware that people are struggling right now. Many are offering agreements where they will pause

interest, delay interest or provide payment holidays until you are back on your feet. This can help you

to avoid further fees, fines or marks on your credit record. A simple call can make a huge difference.

Create a New Budget

Creating a new budget is essential if your income has changed. After all, you need to make sure that

all of your essentials and necessary payments are able to be met. This may mean cutting down on

luxury or non-essential spending. To create a new budget, figure out your latest take home pay (your

salary minus tax payments and other necessary legal payments). Then deduct absolutely essential

payments like rent or mortgage payments, food, electricity, etc.  Whatever is left over is what you have

to spend. Even if it isn’t much, you mustn’t exceed it, as you will end up digging yourself into debt. A

professional in financial planning will be able to help you with this if you are struggling.

Consider Extra Means of Making Money

There are different ways you can attempt to make up extra money if there’s a shortfall on any of your

essential purchases:

• Check out government help schemes such as grants

• Take on freelance work or a second job

• Sell belongings you do not need

These really are hard times for many of us, so hopefully, some of the above advice and guidance

might help you to keep on your feet until things begin to return to normal!