Finances Archives - Divorce Utah

What can you do if you failed to get a prenup before getting married? Is there anything I can do that’s close to a Prenup when I’m already married?

What can you do if you failed to get a prenup before getting married? Is there anything I can do that’s close to a Prenup when I’m already married? It is possible to get an agreement like a prenuptial agreement…

My spouse opens accounts in my name, forges my signature. How to stop it?

My spouse opens accounts in my name, steals checks, forges my signature. How do I get my spouse to stop? Without telling me, my spouse opens store accounts in my name, steals my checks, forges my name on my checks…

I paid my ex in cash for child support. Will the court give me credit for it?

I paid my ex in cash for child support. Will the court give me credit for it? In Utah (where I practice family law), the answer is: yes. And while I cannot speak for all jurisdictions, I would presume that…

What would happen if there were no alimony or splitting assets in divorce without kids?

May 11, 2021

Divorce Utah

Alimony and Support, Best Interest of the Child, Children in Divorce, Coping With Divorce, Court Orders, Division of Marital Property, Divorce, Divorce Causes, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Prevention/Marriage Preservation, Fathers' Divorce Issues, Finances, Husband's or Wife's Business, Marital Debts, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Pension, Personal Property, Retirement Benefits, Spousal Support, Spouse's Business, Termination of Alimony, Women's Divorce Issues

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That is an interesting question. Before I answer it, know this: anyone who is motivated to marry on a “what’s in it for me?” basis and who stays married motivated by a “what’s in it for me?” basis is likely…

Why is child support and alimony rooted in revenge, power, and humiliation?

Why is child support and alimony rooted in revenge, power, and humiliation? The full question was actually: “Why is child support and alimony rooted in revenge, power, control, and humiliation over the father instead of support for the child?” This is…

Financial infidelity plagues many households, led by millennials

Guest post: https://www.bankrate.com/finance/credit-cards/financial-infidelity/ Financial infidelity plagues many households, led by millennials By Ted Rossman Ted Rossman’s Twitter profile Mar. 19, 2021 / 3 min read At Bankrate we strive to help you make smarter financial decisions. While we adhere to strict editorial integrity, this…

Can a divorced spouse claim rights to a previous primary residence?

April 19, 2021

Divorce Utah

Assets/Debt/Property, Business Interests, Coping With Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Finances, Husband's or Wife's Business, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Personal Property, Real Estate/Real Property, Special Circumstances, Spouse's Business, Utah Court of Appeals Decisions, Utah Supreme Court Decisions, Valuation, Women's Divorce Issues

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Can a divorced spouse claim rights to a previous primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that is clearly not a marital asset. In the jurisdiction where…

Can a divorced spouse claim rights to a premarital primary residence?

April 15, 2021

Divorce Utah

Assets/Debt/Property, Business Interests, Coping With Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Finances, Husband's or Wife's Business, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Personal Property, Real Estate/Real Property, Special Circumstances, Spouse's Business, Utah Court of Appeals Decisions, Utah Supreme Court Decisions, Valuation, Women's Divorce Issues

245 P.3d 176, 760 P.2d 304, 761 P.2d 1369, 799 P.2d 1166, 802 P.2d 1314, 855 P.2d 260, 9 P.3d 171, achieves, appreciated value, appreciation, augmented, Burt v. Burt, commingled, distributing property, distribution, divorce proceedings, divorced spouse, Dunn v. Dunn, during marriage, efforts, Elman v. Elman, equitable, equitable property division, equity, equity demands, exceptional circumstances, exceptions, extraordinary situations, fair, general rule, just, Kelley v. Kelley, maintained, marital asset, Mortensen v. Mortensen, Noble v. Noble, premarital, premarital property, primary residence, property, protected, Rappleye v. Rappleye, rights, separate, separate property, trial courts

Can a divorced spouse claim rights to a premarital primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that is clearly not a marital asset. In the jurisdiction where…

Why do I pay child support if we have joint custody and we both work?

I know two people that separated and share custody and both have jobs yet he pays child support? How does this work? This is a great question and a question that many parents ask. I will answer it using the…

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support?

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you succeed? Probably not. Unless you can prove (not persuade, but…

If I can’t find an attorney, can it honestly be said I got a fair trial?

If I can’t find an attorney, can it honestly be said I got a fair trial? If a person seeks legal representation in a court, and every attorney they tries to hire refuses to represent them, can he receive a…

How is it possible that people go bankrupt during divorce in the USA? Isn’t it a 50/50 split?

How is it possible that people go bankrupt during divorce in the USA? Isn’t it a 50/50 split? It’s not “the divorce” that causes people to go bankrupt, it’s the financial strain that a divorce case either causes or exacerbates.…

Brown v. Brown – 2020 UT App 146 – marital vs. non-marital assets

2020 UT App 146 THE UTAH COURT OF APPEALS JERRY V. BROWN, Appellant, v. YVONNE A. BROWN, Appellee. Opinion No. 20190543 Filed October 29, 2020 Fourth District Court, Provo Department The Honorable Derek P. Pullan No. 154403120 Julie J. Nelson,…

Can one spouse or the other avoid paying taxes on a joint tax?

Can one spouse or the other avoid paying taxes on a joint tax? Tax law does not require married couples to file joint income tax returns simply by virtue of being married. So there is no such thing as a…

Terrible Financial Thinking and Divorce

August 13, 2020

Divorce Utah

Divorce Mistakes, Divorce Preparedness, Divorce Prevention/Marriage Preservation, Finances

budget, budgeting, control, financial benefits of divorce, financial detriments of divorce, investment, money, retirement, returns, Social Security

Terrible Financial Thinking and Divorce I recently came across a clickbait article filled with terrible thinking about the so-called financial “benefits” of divorce. Click here to read “7 Little-Known Financial Benefits of Divorce: Divorce is often devastating, but there are…

2020 UT App 34 – Petrzelka v. Goodwin – alimony, income, retirement funds

2020 UT App 34 THE UTAH COURT OF APPEALS PEGGY PETRZELKA, Appellee, v. JAMES E. GOODWIN, Appellant. Opinion No. 20180923-CA Filed March 5, 2020 First District Court, Logan Department The Honorable Thomas Willmore No. 164100050 Ashley E. Bown, Attorney for…

Burggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony

December 9, 2019

Divorce Utah

Alimony and Support, Appeal, Child Custody, Child Support, Child Support Enforcement, Children in Divorce, Co-parenting, Custody, Debts, Discovery, Division of Marital Property, Divorce and Taxes, Divorce Law, Divorce Preparedness, Domestic Violence, Fathers' Divorce Issues, Fault, Finances, Joint Legal Custody, Joint Physical Custody, Judges, Marital Home, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Personal Property, Physical Custody, Property Division, Real Estate/Real Property, Sole Custody, Spousal Support, Utah Code, Utah Court of Appeals Decisions, Utah Law, Visitation, Women's Divorce Issues

2019 UT App 195, ability to pay, alimony, appeal, calculating alimony, calculating child support, Child Support, debt, divorce, imputed income, need, property distribution, separate debt, student loans, Utah Court of Appeals, vacate

2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The Honorable Camille L. Neider No. 154902227 Julie J. Nelson, Erin…

Martin v. Kristensen – 2019 UT App 127 – divorce and unlawful detainer

August 7, 2019

Divorce Utah

Attorney Fees, Divorce Costs, Divorce Law, Divorce Mistakes, Expert Witnesses, Finances, Marital Home, Marital Property, Postnuptial Agreements, Prenuptial Agreements, Real Estate/Real Property, Utah Court of Appeals Decisions, Utah Law

appeal, attorney's fees, divorce, unlawful detainer, Utah Court of Appeals

Martin v. Kristensen – 2019 UT App 127 THE UTAH COURT OF APPEALS YVONNE MARTIN, Appellant, v. PETTER KRISTENSEN AND FRANK O. KRISTENSEN, Appellees. Opinion No. 20160265-CA Filed July 26, 2019 Third District Court, Salt Lake Department The Honorable Todd…

Why do courts seem to rule against husbands so unfavorably regarding custody and alimony?

Sometimes a husband/father is legitimately ruled against in a child custody case because he is unfit to exercise custody. Sometimes that unfitness may be his own fault (he’s abusive and/or neglectful), other times the unfitness may be due to circumstances…

Janson v. Janson – 2019 UT App 106 – setting aside settlement agreement

June 24, 2019

Divorce Utah

Alimony and Support, Appeal, Court Rules, Division of Marital Property, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Finances, Marital Home, Marital Property, Men's Divorce Issues, Modification of Alimony, Motion Practice, Negotiation, Pension, Personal Property, Petition to Modify Decree of Divorce, Procedure and Evidence, Property Division, QDRO (Qualified Domestic Relations Order), Real Estate/Real Property, Retirement Benefits, Separate Property, Settlement, Spousal Support, Termination of Alimony, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

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2019 UT App 106 – Janson v. Janson – setting aside stipulation THE UTAH COURT OF APPEALS DEIDRE SUE JANSON, Appellant, v. JEFFREY ALAN JANSON, Appellee. Opinion No. 20170541-CA Filed June 20, 2019 Third District Court, Salt Lake Department The…