Rosen.com features a divorce forum where people post questions that are answered by a Rosen attorney.

Earlier today the following question was posted (be sure to read the second paragraph):

“A sticky question. My stbx is working on a separation agreement and wants to include a loan against his 403B account as marital debt. This loan was taken out to pay off our taxes, one of his credit cards and partially one of mine. Technically, if it were a regular loan it would be marital. However, the payments and interest that he pays goes directly back into his retirement account. How would this be looked at by the courts?

Also, we had a signature loan that paid for me to have breast augmentation 2 years ago. He is trying to not include that loan as he claims that what it was used for could be argued as “personal property.” I just say that it is still a signature loan and is marital debt, and he just has a personal issue with paying for my “breasts.” Does he have a leg to stand on?

Thanks for any help.”

Rosen attorney Helena Nevicosi responded as follows:

“The loan from the 403B would be included as a marital debt, basically you would divide the retirement account based on the present value and make him responsible for making future payments against the account. If he agreed to the debt that was incurred for the breast implants that it is likely that will be considered a marital debt.

Helena M. Nevicosi
Attorney with Rosen Law Firm”

Disputes in divorce cases are traditionally over money, the kids, and the house. But there are a lot of battles over who gets to keep the pet. For many the pet is truly a part of the family. How far would you go to keep yours?

Do prenuptial agreements really protect you in a divorce? Do they spoil the moment when you ask your fiancé to sign an agreement? Perhaps drafting a prenuptial agreement suggests that you think the marriage won’t last.

Financial analysts say keeping your home in a divorce might not make the most financial sense. Can you really pay the mortgage payments? Co-ownership is an option or refinancing the house to make the payments more manageable. But more than just being able to pay the mortgage, there  are other expenses to think about like repairs and monthly electricity bills, and the rise in property taxes. Click here to read more.

Comments? Send an email.
Kramer Vs. is supported by Rosen Law Firm as a service to the media and others interested on the latest news on divorce and family issues.

When it comes to divorce, pets are considered personal property like an end table or sofa.  Many people, though, consider their pets to be like children. In North Carolina, custody is defined as relating to children–not trees, dogs, cats, etc.  In a divorce proceeding, an animal can be described in a separation agreement as shared ownership.

Some say pets should have more rights, particularly in divorce cases. Click here to read an interesting article on the Penn Veterinary Medicine website.

Comments? Send an email.
Kramer Vs. is supported by Rosen Law Firm as a service to the media and others interested on the latest news on divorce and family issues.