Divorce Insurance: Get Unhitched, Get a Payout

WedLock is a new type of casualty insurance that gives the unhappily married policyholder a payout after he or she is unhitched. It costs about $16 a month for every $1,250 of coverage. But to discourage people from signing up just prior to their divorce, policyholders must ante up for four years before the policy will pay out. It adds a premium of $250 per unit for every year the marriage survives beyond four. So if a policyholder who bought 10 units got divorced after 10 years, he or she would have handed over $19,188 and would receive a payout of $27,500. It’s probably not worth getting divorced for, but the lump sum might salve some wounds, whether through lawyers, vacations or subscriptions to the Rhapsody Book Club.

The idea bubbled up, as so many do, from the bottom of a financial pit. After John Logan watched his wealth follow his marriage down the drain, the Kernersville, N.C., entrepreneur figured there must be a market for those who want to hedge their marital bets. He won’t reveal how many policies he’s sold since the Aug. 5 launch of WedLockDivorceInsurance.com. But he’s surprised at how much insurance his customers are buying: some of the premiums are more than $1,000 a month.
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Not everybody thinks divorce insurance is prudent. "The best insurance against a painful, financially devastating divorce is to find a way to be happy in your marriage," says relationship coach Mimi Daniel. "Divorce insurance implies from the beginning that divorce is already an option."

On the other hand, unless you’re Elin Nordegren, few things are as impoverishing as ending a marriage. Logan, who is recently engaged and, yes, is buying policies for himself and his betrothed, expects WedLock will become part of prenuptial agreements or be purchased for a bride or groom by relatives concerned about their loved one’s choice of loved one. "Mom or Dad could buy this for their son or daughter without them knowing about it," he suggests. But the bride or groom has to be the beneficiary. Sorry, scheming mother-in-law, no windfall for you.

This article originally appeared in the Sept. 13, 2010, issue of TIME magazine.

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Divorcing Spouses Quit Facebook

Divorce is becoming the newest frontier in the social media privacy battle as an increasing number of couples craft informal non-disclosure agreements for Facebook and Twitter — prescribing how much can be shared with friends and strangers alike and dictating the rules of non-engagement for couples who conduct most of their lives in public.

To read more, check out Kathryn Blaze Carlson’s article in the National Post · Friday, Sept. 17, 2010.

 

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New Arizona Family Court Administrative Order

Arizona Rule of Family Law Procedure 43(d)(6) now authorizes the Court, upon filing of a Family Court petition, to limit access to all court documents, records and evidence related to the petition for forty-five (45) days.

As a result, a new Administrative Order, No. 2010-092 has been issued which states: "all court documents, records and evidence in any Family Court action commenced with a Family Court case number not in existence before July 1, 2010 will be unavailable to the general public and will be accessible only by judicial officers, court and clerk’s office personnel, case parties and their associated attorneys of record, and law enforcement in the exercise of their official duties until forty-five (45) days have passed since filing the petition."
 

For further information on Arizona divorce and family law matters, contact Nirenstein Garnice Soderquist, PLC.

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Tiger Woods Divorce Finally Done.

Tiger Woods is now officially divorced.  The Decree of Divorce has been published.  No particulars yet about specific divorce settlement terms.

For information on Arizona divorce, contact one of our lawyers at NGS.

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After DNA Test On Exhumed Remains, Bobby Fischer Cleared In Paternity Case

In June, the Supreme Court of Iceland gave government officials permission to exhume the remains of Bobby Fischer, former World Chess Champion, to determine if he was the father of Jinky Young, a nine-year-old Filipino girl. The paternity case is now over since the DNA report excluded Bobby Fischer from being the father. 

Paternity cases are often filed as a result of disputes between uwed mothers and fathers.  However, as the Fischer case demonstrates, other issues such as inheritance rights can survive the death of either parent and become the subject of litigation post mortem.

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Veterans Disability Protection Act of 2010 (VDPA)

The Veterans Disability Protection Act of 2010 (VDPA) seeks to protect disabled veterans in the courtroom. Disabled veterans who were injured in combat or in the line of duty receive disability compensation from the government. See article.

This compensation is supposed to be protected by federal laws, but civil court judges tend to attach the compensation to divorce lawsuits anyway. For example, sometimes when a disabled veteran gets divorced, the judge considers the disability compensation as “income” and, therefore, it becomes a divisible marital asset. They wrongfully calculate the disability compensation into a divorce settlement. 

The author of the article states that this action has led some veterans to become homeless or to commit suicide. The VDPA seeks to prevent the court from being able to take the disability compensation away from the veteran – as this would be unfair and cruel. This Act declares that all of the disability compensation will go to the disabled veteran and no one else. The court would not be able to attach the compensation to any other kind of “income” in these cases. The passage of the VDPA would “affect every man or woman injured in the line of duty while serving in the U.S. military, past, present, and future, and guarantee the total protection of their earned benefits – with no strings attached.”

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Judge Orders Couple to Split Custody of Dog

Call it the The Maryland Canine Custody Case.

As they headed toward divorce, Gayle and Craig Myers had only one bone of contention: Who would have the right to keep Lucky, their 16-pound gray-black Lhasa apso.

Under Maryland law, family pets — unlike, say, children — are treated as jointly owned marital property and sold if the divorcing couple cannot agree on who gets to keep them. The parties then split the proceeds of the sale.  The same principle applies in Arizona.

However, the standard resolution did not result in this Maryland case.  The judge, presiding over the limited-divorce proceeding by special assignment, decided on his own last month that Gayle and Craig, who have no children, would split custody of Lucky. The dog will alternate spending six months with each party.

The Maryland ruling indicated that "it was very clear that both of them love this dog equally," and that "the only fair thing to do was to give each one an equal chance to share in the love of the dog."

Could this be the start of a trend toward pet-custody rulings?  Not likely, however more and more bar organizations are creating sections for "pet law".  The State Bar of Arizona has one.

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Financial Support in Military Cases

Michael S. Archer and CPT Tricia L. Birdsell provide a detailed analysis regarding the pitfalls civilian attorneys can encounter in cases involving military support issues. 

Military support  issues arise frequently in Arizona due to the presence of Luke Airforce Base, as well as other military installations in the Southwest.  If you or your spouse are in the military, each branch of service requires certain support obligations upon separation for both dependents and spouses.  This article details the steps one must take in each branch of the military to obtain support, how to calculate the support obligation, as well as how a waiver of the obligation can be obtained by the military spouse.

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Sandra Bullock and Jesse James Finalize Divorce

The pair filed divorce papers under seal last week in Texas to finalize their divorce after their nearly five-year marriage crumbled amid reports of cheating by James, PEOPLE confirms.

The Oscar-winning actress, 45, initiated the divorce case in April in Texas, where she has a home. The papers cited "discord or conflict of personalities" as the reason for the split.

Bullock’s rep confirmed Monday that the divorce is now final.

Though it’s unclear if the two had a prenuptial agreement, James won’t be entitled to spousal support since in Texas a spouse must be married for at least 10 years to qualify for support.  In Arizona, there is no similar time requirement for a spouse to be entitled to spousal support, or as it is sometimes referred to as spousal maintenance and/or alimony.

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Medical Pot Can Cost Parents in Custody Disputes

Gene Johnson of the AP, discusses the family court’s handling in various states of a parent’s use of medical pot and their custody cases. This isse is becoming more and more newsworthy lately.

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