Feb 8, 2018

Family Law by The Law Offices of Brandon Bernstein

The current structure tax structure for paying alimony Currently, the person who is making the alimony payment is allowed to deduct the payment from their income tax. The person who is receiving the alimony payments is responsible to pay income tax on the alimony payments received. Disappearing Money & The “Divorce Discount” Because the person making payments has the higher income, they are typically in the higher tax bracket. As a result, the tax responsibility is effectively moved into a lower tax bracket so the government receives less money than if the PAYER of the alimony was responsible for the tax liability. This concept is sometimes referred to as the “Divorce Discount” because the total tax liability of a married couple typically decreases if they get divorced. There is also a lot of money that disappears through the alimony payment process. In 2015, 361,000 people claimed an alimony tax deduction to the tune of $9.6 Billion. However, only 178,000 people report receiving alimony payments. That means almost half of alimony payments that are written off never end up showing up on any income tax return. The New Tax Law and The End of the Alimony Deduction The end of the alimony deduction essentially means that the spouse who pays out alimony will also be the person responsible for paying the income tax on the alimony as they can no longer deduct it. This will likely result in smaller alimony amounts but the spouse receiving alimony payments will no longer be […]

Feb 8, 2018

Family Law by The Law Offices of Brandon Bernstein

When Couples Divorce, Who Gets the Pets? Maryland Family Law Courts and How They View Pets When two spouses divorce, they have to work out a plan to divide the assets that they own together as well as a financial plan for alimony or spousal support.  Parents of minor children have the additional responsibility of working out custody arrangements and a parenting plan.  A fairly new issue that family law courts are seeing in a growing number of family law cases is how divorcing couples deal with the custody of shared pets. Pets and Divorce:  Custody Arrangements or Asset Division? Asset division is based on equitable distribution between the two spouses.  Custody of minor children is based on the best interest of the child.  Where pets had traditionally been seen by the courts as simply an asset, there have been a handful of recent cases where the best interest of the pet has been considered.  Ultimately, pets are considered personal property so Maryland family law will simply give custody of the pet to one spouse or the other.   However, as pets become a more and more contested issue in divorces, we may see the family law courts reconsider. The Best Interest of the Pet If one spouse was the owner of the pet BEFORE the marriage, they will almost certainly keep the pet after the divorce.  It also may be considered which spouse takes care of the pet most frequently; who is buying food and supplies and taking care of trips to the veterinarian?  Where the children will live […]

May 20, 2017

Family Law by The Law Offices of Brandon Bernstein

On May 15, the Supreme Court made a ruling in the Howell vs. Howell case. As reported by SCOTUSBlog.com, it was a unanimous ruling for reversal, as the Justices weighed in on the matters of a veteran’s retirement benefits in divorce. It was also one of many recent rulings showcasing the Supreme Court back at its full strength of nine sitting Justices.

May 17, 2017

Family Law by The Law Offices of Brandon Bernstein

Top 5 Frequently Asked Questions About Maryland Separation Laws One area of the divorce process which many people have questions about is the actual separation. Here, we’ll take a look at a few of the most common and frequently asked questions about Maryland separation laws.

Mar 12, 2017

Family Law by The Law Offices of Brandon Bernstein

One serious issue which arises when certain couples are facing divorce is that of their immigration status and residency. With controversial immigration laws and executive orders now seemingly leading the news cycle every day, one has to wonder how this affects couples who are separated or divorcing, and if there are major changes afoot here as well.

Mar 5, 2017

Family Law by The Law Offices of Brandon Bernstein

For couples who don’t have a child together and are preparing for divorce, they may have thought that there was no reason to consider “custody” issues. However, pet owners would disagree with that, and increasingly dog ownership is becoming an issue with separations and divorces.

Jan 14, 2017

Family Law by The Law Offices of Brandon Bernstein

Some of the most heated debates and discussions that have surfaced in the final weeks of President Obama’s presidency, and the beginning of President Trump’s, have centered around healthcare, and the repeal of the Affordable Care Act (ACA, commonly known as Obamacare). As it relates to the world of family law and divorce, one area of interest then is how this could impact healthcare for children of divorcing or divorced couples, if at all.

Oct 31, 2016

Resources by The Law Offices of Brandon Bernstein

We’re always looking to stay atop of the latest news in all realms of the law and legal proceedings, which brought our attention recently to new technological developments. Technology as it pertains to artificial intelligence has come a long way in recent years. Self driving cars are right around the corner.  IBM’s Watson is able to help doctors diagnose diseases. And now, researchers in London have tested the ability of Artificial Intelligence to determine the outcome of legal complex proceedings. 

Oct 31, 2016

Family Law by The Law Offices of Brandon Bernstein

Presidential Election 2016 Trump vs. Clinton & Its Family Law Impact: As November 8th approaches, it seems like most Americans are eager for the Presidential election and its chaotic race and news cycle to be finished. We certainly don’t plan to interject political leanings or opinions into this discussion, but rather, we do think it’s important to quickly analyze whether or not the election and its result will have an impact on family law issues.

Sep 21, 2016

Family Law by The Law Offices of Brandon Bernstein

Analyzing the Angelina Jolie & Brad Pitt Divorce Based on Laws in Montgomery County: Say it isn’t so Brangelina! If Brad and Angelina are calling it quits, then which couple in Hollywood can make it? But if this is the end of the Brangelina era, there are likely many issues to be resolved in their divorce.