Raj Bains (Federal Way Family Law Attorney)

Wednesday, December 13, 2017

Gray Divorce on the Rise

When spouses seeking a divorce are over fifty years old, it is often called “Gray Divorce”. According to a recent study by the Pew Research Center, the number of Gray Divorces has roughly doubled since 1990. For those over 50 years old, about 10 out of every 1,000 married individual end up divorced. For those over 65 years old, divorce rates have nearly tripled. At this later stage in life, a divorce can present unique issues and tremendous risk. Often, Gray Divorcees can be less financially secure as compared to other divorced individuals, this is especially true for women.

For Gray Divorcees, it is important to consider the implications of issues such as retirement, social security benefits, and health insurance.

Retirement: In some cases, one spouse may have a substantial retirement while the other spouse does not. While this retirement may have been enough for both parties to live off of while together, after a divorce the amount may not be sufficient to cover the cost of two households. In addition, early withdrawal or division of certain retirement accounts may carry substantial financial penalties, reducing the overall retirement amount. Often a retirement, pension or other deferred compensation account such as a 401K is subject to a division between the parties through use of a Qualified Domestic Relations Order (QDRO). Laws governing QDRO's are quite complex and it is essential to have a keen understanding of the implications a divorce may have on division of various retirement accounts.

Social Security Benefits: Typically, Social Security benefits are not divided by the Court. However, when the spouses have earned significantly different amounts of income during the marriage, one spouse may be entitled to a more substantial Social Security benefit than the other. As such, the Court may order Spousal Support to bridge the gap. Additionally, a spouse who has been married for at least 10 years may be entitled to Social Security benefits at the level of the higher earner. Understanding how divorce impacts Social Security benefits can be quite important to those over 50 years old.

Health Insurance: A very common issue for individuals who are over 50 is health insurance. Often a divorced spouse can no longer remain on the other spouse’s health insurance plan. When health insurance is a substantial concern, consideration of Legal Separation should take place. In doing so, the separating couple can still divide property, allocate debts, receive spousal support, and yet remain on existing health insurance of the other spouse. At a later date, either spouse can decide to convert a legal separation into a divorce by filing a motion with the Court.

Family law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty divorce and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your situation.

Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.

Committed Intimate Relationships

Washington State recognizes Committed Intimate Relationships (previously referred to as: Meretricious Relationships). There is no specific definition of what constitutes a Committed Intimate Relationship, instead the Court will consider relevant factors that have been developed over the years to determine if such a relationship exists. The bottom line when considering the factors is that the more marriage-like the relationship, the more likely a Court is to consider it a Committed Intimate Relationship.

The factors for a Committed Intimate Relationship are as follows:

Continuous, exclusive co-habitation during the relationship, or living together the same home as a couple;
Duration of the relationship, or having been together for a long period of time;
Pooling of resources and services for joint projects during the relationship; such as home improvement projects, buying a home together, or simply maintaining joint accounts;
Intent of the couple to be involved in a marriage-like relationship, such as having children together or referring to each other as "my spouse/wife/husband"
Purpose of the relationship, or enjoying the benefits of marriage such as companionship, friendship, love, sex, and mutual support.

Any one factor is not necessarily more significant than the others and in some cases all factors do not need to be present. Determining whether a Committed Intimate Relationship exists is dependent on the specific factual and legal aspects of each individual case.

After a Committed Intimate Relationship has been established, the Court has the authority to divide property, allocate debts, divide retirement with some limitations, establish a parenting plan and order child support. However, unlike cases where the parties were actually married, the Court cannot award spousal maintenance (alimony) or award attorney’s fees in Committed Intimate Relationships.

Property Division & Debt Allocation

At the end of a Committed Intimate Relationship, the court will divide only community property and community debts. All property (except gift or inheritance) acquired during the relationship is presumed to be community property. Property acquired before the relationship or following separation is also presumed to be separate in nature. The division of community property should be fair and equitable. This may be a 50/50 division, or it may not. In some cases when one member of the relationship is economically disadvantaged, a greater award of community property may be appropriate.

The division of community debts is similar. Debts acquired during the relationship are presumed to be community in nature, while debts acquired before the relationship, or following separation, are presumed to be separate in nature.

Retirement

The Court may divide the parties Retirement Benefits and will do so based on what is just and equitable. While this is an unsettled area of the law, generally the Court a divide a partner’s private retirement account. Generally governmental benefits are not divisible.

Parenting Plan/Child Support

The Court can establish a Parenting Plan and Child Support. Regardless of what type of relationship the parties have, each parent has a legal responsibility to care for and support their child.

If you believe that you may be in a Committed Intimate Relationship, and the relationship might be ending, it is highly advisable you seek the advice and assistance of a experienced family law attorney.

Family law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients with Committed Intimate Relationships and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your situation.

Wednesday, October 11, 2017

Reasons Why Women Initiate Divorce

Bains Law Firm - October 11, 2017

Women initiate divorce more often than men. According to a study conducted by sociology researchers at Stanford University, nearly 70% of divorces are initiated by women. Marriage itself is no longer burdened by outdated notions or expectations. As a result, there are a variety of reasons why more women are seeking a dissolution of their marriage.

1. Abusive Marriage

Increasingly women will not stay in abusive marriages, nor should they. In Washington State there are a vast array of resources for victims of domestic abuse. Victim shelters, domestic violence advocates, no-fault dissolution laws, protection and restraining orders all make relief through a divorce action much more accessible for a wife to escape an abusive marriage.

2. Financial Independence

Today women are more apt to have their own careers and are less likely to be financially dependent upon their husbands. Even many stay-at-home moms have college degrees and other marketable skills. As a result, many wives have the financial freedom to decide upon filing for a divorce with less stress and worry of how the bills are going to paid. In Washington State, even when a spouse is not financially independent, there are laws to help create a level financial playing field for both spouses. This can be done through requests for spousal support and attorney fees, which are generally ruled upon based upon one spouse's need and the other's ability to pay.

3. Cheating Is Intolerable

Unlike days of old when looking away from infidelity was often the norm, today less women will tolerate cheating. These days married couples are viewed more so as equal partners, who together share financial burdens, child rearing, and other demands of married life. When a spouse cheats, the behavior changes the equality in their partnership. Deciding to file for divorce due to cheating has become quite common, especially in this modern age where social media and technology has made it so easy for a spouse to stray.

4. Ending a Bad Marriage

Generally, women no longer trade happiness for a bad marriage. Traditionally, it was believed a woman needed to be married (and even by a certain age) to be happy; this notion is no longer the case. As such, less women are of the belief that they need to be stuck in a bad marriage for the simple sake of being married.

5. Dissatisfaction with the Marriage

Today women are less likely to put their own fulfillment needs aside for the sake of the marriage. If the marriage is not providing what the wife is looking for in a partner spouse, they are more likely to end it. Often as time goes by, the intimate and emotional connection between spouses diminishes, and rather than be dissatisfied, more women are choosing to file for divorce as the couple has grown apart.

Family law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. Whatever the reason when filing for a dissolution of your marriage, having a compassionate and experienced attorney to help guide you through the process can be helpful. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your situation.

Thursday, September 14, 2017

Extreme Risk Protection Orders

Bains Law Firm - September 14, 2017

Family law litigation often involves the need for protection of property or from the other party. There are several different types of protection and restraining orders, including a general Restraining Order, Domestic Violence Protection Order, Sexual Assault Protection Order, Anti-Harassment Protection Order and now in Washington State, an Extreme Risk Protection Orders.in Washington State, an Extreme Risk Protection Order.

Extreme Risk Protection Orders became law on November 8, 2016, as an Initiative ballot measure. The goal of the Initiative was to set up a process to allow law-enforcement officers, family members and others to ask a judge to keep firearms out of the hands of someone deemed a danger to themselves or others.

Typically, an Extreme Risk Protection Order is necessary when the respondent poses a significant danger of causing personal injury to self or others, and the respondent has a firearm. However in some rare cases, possession of a firearm is not necessary to obtain protection. These cases involve facts that give rise to a reasonable fear of future dangerous acts by the respondent.

In emergency situations, an Ex Parte Temporary Extreme Risk Protection Order is necessary and can be issued without notice to the respondent. Such an order is often granted upon allegations based on personal knowledge that the respondent poses a significant danger of causing personal injury to self or others in the near future by having a firearm. The Court will consider all relevant evidence and if it finds reasonable cause, then an Ex Parte Temporary Extreme Risk Protection Order will be issued. Typically, the Court will have an Ex Parte Temporary Extreme Risk Protection Order hearing in person or by telephone on the day of filing of the petition, and will schedule another hearing for the respondent to appear within fourteen days of issuance of the Ex Parte Temporary Extreme Risk Protection Order.

Upon a full hearing, if granted, an Extreme Risk Protection Order will generally last for one year. In some cases, the Court can make the order for a fixed (specific) amount of time or even make it permanent.

Family law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of protection orders and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your situation.