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Tag: Post-Divorce


What is a Qualified Domestic Relations Order?

To divide many types of retirement accounts in a divorce, federal law requires that special court orders called Qualified Domestic Relations Orders be submitted and approved by the court. This order, referred to as a QDRO, provides instructions to a retirement plan administrator on how to divide funds from a retirement account after a divorce becomes final. Obtaining a QDRO is often a necessary and critical step in the divorce process. What types of retirement accounts need a QDRO to be divided? The most common types of retirement accounts that require a QDRO are 401(k)s, 403(b)s, pension plans, and federal
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Post-Trial Actions to Consider if You’re Dissatisfied with the Outcome

Throughout the divorce process, you or your attorney may have disagreed with some of the rulings the judge made. The following are the most common post-trial actions to consider if your case proceeded to trial and you believe the judge erred in the final decision. Motion for New Trial After your trial is complete and you have received the judge’s ruling, you may file a motion for new trial. A new trial is a reexamination in the same court (same judge) of an issue or fact after the court has made its decision. If the new trial is granted, the
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What is the Difference Between Contempt and Modification?

After a divorce has become final, problems can arise between former spouses in complying with the terms of their divorce. For example: My former spouse is not following our parenting plan. My former spouse has not transferred property as ordered in our divorce decree. My former spouse refuses to pay child support or alimony. To address these types of post-divorce issues, your attorney may recommend initiating a “contempt” action or a “modification” action, or both. The following explains the purposes and differences between these two possible actions. Contempt Actions The purpose of a contempt action is to ask a court
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Restoring Your Former Name

Did you know that you can change your name back to your former name in your divorce? Nebraska law allows for former names (sometimes referred to as “maiden name”) to be restored in a divorce. If you wish to have your former name restored, here’s what you need to know. Include the request to have your former name restored in your complaint or counterclaim. If you are the plaintiff, you should include a specific request to have your former name restored in your complaint – the initial document you file with the court asking for your marriage be dissolved. If
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Important Post-Divorce Actions

To ensure a smooth transition into your post-divorce new normal, your Koenig│Dunne team has identified the following important actions for you to take: Informational filing.  If support (child support and/or alimony) has been ordered in your case, Nebraska law requires you to provide the clerk of the court with your address, telephone number, social security number, employer, and certain information related to employer-provided health insurance. If any of this information changes after your divorce is final, you must provide the updated information to the clerk in your county. Property actions. If you and your former spouse owned a home and
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Securing Your Support Payments

Your divorce may result in the court ordering two types of support payments – child support and/or alimony. One way to ensure court-ordered is paid in full is to request the payor (the person ordered to pay support) to maintain a life insurance policy. The recipient should be named the beneficiary of the policy and the amount of the policy should be sufficient to satisfy the full amount of support ordered in the event the payor dies. Every support award is comprised of two factors – amount & duration: Alimony: If alimony is awarded in your case, you will know
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The Appeal Process, Part II

In Nebraska, there are two levels of appellate courts. The intermediate level is the Nebraska Court of Appeals. In family law cases, a person will first file an appeal with the Nebraska Court of Appeals. After that appeal is decided, and you believe the Nebraska Court of Appeals was also wrong in its ruling, you may appeal to the next level, which is the Nebraska Supreme Court. It is important to consider how the appellate court will review your case. Most orders in family law matters will only be reversed on appeal if the appellate court finds your trial judge
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The Appeal Process, Part I

If the judge made major decisions following your trial with which you seriously disagree, you may consider an appeal to the Nebraska Court of Appeals. People can appeal when they believe the judge made a mistake or misinterpreted the law as it pertains to the facts. Whatever the reasons for the court’s rulings, you may feel that the judge’s decisions are not ones that you can live with. If this is the case, you must talk to your lawyer immediately about your right to appeal. You have 30 days after the court enters its final order to file a Notice
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Divorce and Retirement Accounts

Retirement accounts are often one of the most valuable marital assets to be divided in a divorce. Regardless of whose name is on the account, retirement funds that accrued during the marriage may be divided in a divorce “Retirement accounts” encompass a variety of accounts – individual retirement accounts (IRAs), 401(k) plans, 403(b) plans, Railroad Retirement Board Annuities, Thrift Savings Plans, Military Retired Pay or Pensions. They can be provided through your (or your spouse’s) current place of employment, former employment, or individually obtained. They can be vested or unvested. These assets will be accounted for when inventorying your marital
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TRICARE Health Insurance Coverage and Divorce

While all divorces are challenging, military service presents unique and complex issues for service members and their families to navigate. Whether the former spouse of a service member may retain health insurance coverage through TRICARE is one. TRICARE is a health care program for uniformed service members and their families.  Depending on several requirements and criteria, it may be possible for divorced spouses to remain covered under TRICARE and receive the same benefits as the service member. TRICARE Coverage under the “20-20-20” Rule: If the service member has completed at least 20 years of creditable service, the spouses were married
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