Your Family Law Advocate Blog
- Posts by Benjamin M. Williams
Senior AttorneyBen Williams practices in Foster Swift’s Southfield office as a member of the litigation practice group and specializes in family law, including divorce, custody, child support, spousal support, as well as criminal defense and ...
Almost every person who signs their judgment of divorce has the same feeling of relief: Phew. The case is finally over. I can move on.
In many ways, this feeling represents something real. Getting divorced is stressful and difficult when the couple gets along relatively well, to say nothing of high-conflict cases that may have had significant motion practice, difficult mediations, or even gone through trial or binding arbitration. But for a divorcing couple with children, the pre-judgment period is just the first phase. Along with the judgment comes an entirely new set of problems to ...
While we as attorneys may have personal relationships with our clients, we generally advise them in a professional capacity and maintain our focus on business. When a client is getting divorced, business and personal concerns inevitably collide as courts are called upon to make determinations about a couple’s income, liabilities, and assets, which may include a closely held, private business.
During the divorce process, questions regarding finances will inevitably come up: How will our finances work while we’re getting divorced? Who is going to pay the mortgage, credit card, daycare, school tuition? Can I pay my attorney out of a joint account? Can I still take the kids on spring break? It’s only natural when thinking about a huge life change to worry about finances. This is true even for individuals earning significant incomes and high net-worth couples. This article provides a short explanation of two tools that courts use to assist couples to help manage their finances during divorce proceedings – status quo and attorney fee contribution orders.
For many couples, a spouse’s bonus is both a sign of an employer’s appreciation for the employee-spouse’s hard work and a significant portion of his or her total annual compensation. Because bonuses are often not paid out until months or years after entry of a divorce judgment, divorcing couples often ask the question – Whose bonus is it? Is a bonus part of the marital estate, divisible at settlement, or separate property, payable solely to the spouse who earned it through hard work?
