Thursday, July 4, 2013

Thinking "Green"

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The term “green,” when applied to energy and technology often connotes efficiency, cost savings and a renewable aspect.
The same is true of a Green Divorce™. This non-toxic, cost effective approach to the dissolution of a marriage and the distribution of assets, handling of custody and financial support revolves around mediation instead of litigation.
Attorney Nancy Wallitsch, a certified mediator who practices in matrimonial law, understands the importance of moving beyond the “win/lose” outcome of traditional divorces fought out in the court system. Instead of continuing the fight, Ms. Wallitsch, a seasoned attorney of nearly three decades, helps her clients find compromises, allowing both parties to get on with their lives as quickly as possible.
Particularly when children are involved, a Green Divorce™ simply makes sense. No parent wants his or her child to be at the center of an ongoing dispute. And since a Green Divorce seeks a resolution as opposed to finding the party who is “right,” this approach will cause less emotional strain on an already untenable relationship.
A Green Divorce™ through Mediation Will Help You:
  • Avoid the win/lose outcome of litigation
  • Resolve asset distribution, a custody plan for children and their financial support on your own terms – instead of those imposed by a court
  • Obtain quicker, more economical outcomes
  • Maintain a healthy relationship post-divorce for the sake of children
  • Keep financial and personal history confidential

Last will

Will You?

When was the last time you reviewed your will? Or, better yet, do you have a will?
Particularly as couples move toward the dissolution of a marriage, it is even more critical to have your estate in good order. This could mean updating your final wishes to reflect a change in beneficiary.
For others, it could mean working with a trusted legal professional to draw up a will that takes your impending divorce into account.
If, for example, your will directed all of your assets to your wife – whom you are separated from – and you were to die prior to the finalization of your divorce, she would be entitled to any and all assets.
Abele Iacobelli, an attorney of more than 15 years, holds a Master’s degree in tax and certificate in estate planning. He will create a customized estate plan to suit your needs.
Through Mr. Iacobelli’s help in properly plotting your estate’s future, clients can:
  • Determine where assets will be directed upon death
  • Preserve family wealth and stability
  • Devise a plan to help surviving family members with finances following death
  • Establish trusts
  • Minimize tax burdens


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Taxed?

Benjamin Franklin once said, “The only things certain in life are death and taxes.”
Another certainty that the founding father could have added to his statement is that tax implications follow every decision made in a divorce or settlement agreement. Taxing consequences could be an issue for long after the marriage dissolution.
And since taxes, like laws, are ever-changing, it is important to rely on a professional with the expertise to help you minimize your tax impact post-divorce.
Attorney Abele Iacobelli practices in marital tax planning and litigation and can help you make informed choices. Mr. Iacobelli will:
  • Assist in preparing personal and small business tax returns
  • Prepare innocent spouse tax relief filings
  • Help with audit and litigation

 
DISCLAIMER
 
The information contained in this blog is for educational purposes only and is not legal advice.  The use of this blog does not create an attorney/client relationship between you and the Law Offices of Wallitsch & Iacobelli.  If you are considering separation or divorce, or if you are involved in any legal matter including, but not limited to present divorce proceedings, custody proceedings, or support proceedings, or any other legal matter, you should seek formal legal advice and would strongly urge you to retain an attorney


Wednesday, July 3, 2013

The Marriage May be Over, but Tax Implications Could Linger


The Marriage May be Over, but Tax Implications Could Linger


 


DISCLAIMER

The information contained in this blog is for educational purposes only and is not legal advice.  The use of this blog does not create an attorney/client relationship between you and the Law Offices of Wallitsch & Iacobelli.  If you are considering separation or divorce, or if you are involved in any legal matter including, but not limited to present divorce proceedings, custody proceedings, or support proceedings, or any other legal matter, you should seek formal legal advice and would strongly urge you to retain an attorney

 


As Susan contemplated a divorce from her husband, the couple’s multiple assets, including investments, real estate holdings, pension plans and several successful businesses came to mind. Upon the dissolution of her 20-year marriage, how would these assets impact her in terms of tax liability?

While wanting to make it as painful on her soon-to-be ex-husband as possible, Susan was unsure of how to lessen her own tax burden. She was concerned about what their marriage dissolution would mean ultimately for their lavish home, their children’s private school education and the lifestyle she had grown accustomed to, which afforded her the opportunity to take pricey vacations.

But, what Susan did not know was that receiving higher alimony sums would essentially increase her tax liability. In her particular instance, what, on the surface, appeared to be an even distribution of assets would actually cost her in higher taxes for years to come.

Deciding to divorce involves much more than determining who gets the house, any joint monies, custody of the children and the possibility for alimony.

Each of these potential outcomes must be carefully analyzed and evaluated against your own unique financial situation. If left to chance, or settled without a thorough understanding of tax law, any of these examples could cost you more in taxes over time.

Before signing a divorce settlement on the dotted line, you should consider the tax implications of the following:

  • Alimony payments and what it means for the payee versus payer
    (I.R.C. §71; Pa.R.C.P. 1910.01, et seq; Pa.R.C.P. 1910.16-2(a)(7).
  • Asset distribution
    1. Savings bonds and how interest accrued figures into your total taxable income (Rev.Rul. 1987-112, 1987—2 C.B. 207.)
    2. Investment accounts and how future spending could warrant the need for capital gains tax (I.R.C. §§1001 (a); 1221; and, 1223.)
    3. Property transfer and how its eventual sale plays a role (I.R.C. §121 related to the exclusion of gain from the sale of a principal residence.)
    4. Pension plan distribution and paperwork needed to be effective ( I.R.C. 414 (p)(1)(A))
  • Dependents and the agreements and guidelines necessary for claiming a minor child

Attorney Abele Iacobelli practices tax law. Mr. Iacobelli is adept at sorting through the ever-changing tax laws to find the most equitable division of property, assets and future financial support. Most importantly, Mr. Iacobelli will find the best solution for you with the least amount of tax implications.
 
For more information please visit us at www.greendivorce.net