Milwaukee Family Law Blog

Child custody as a working mother

On behalf of Stephanie Benske of Brazil & Benske, LLC posted in child custody & support on Saturday, March 16, 2019.

There are a number of factors that can affect how custody is awarded, and every parent is in a different position. Some parents may be very wealthy, while others may struggle to get by, living paycheck to paycheck. If you are a working mother, you may have a number of stressors in front of you as you approach the process of determining how custody will be awarded. Moreover, you may find yourself in the middle of a brutal dispute, which could disrupt your daily life in a myriad of ways. If you are very busy with your career, it is vital to prevent these challenges from getting in the way of your professional life while doing everything you can to secure your custody rights and protect your child’s best interests.

In years past, women were frequently awarded custody, but traditional roles have changed over the years. Now, it is imperative for both parents to prove that they have the resources to take care of their child. Furthermore, when deciding how to award custody, courts look into many different factors, such as whether or not a certain parent spends more time with their child and the quality of these relationships.

Sex addiction and divorce

On behalf of Stephanie Benske of Brazil & Benske, LLC posted in divorce on Friday, March 8, 2019.

Infidelity has shattered many relationships, and people are unfaithful to their partners for many different reasons. Some may cheat on their husband or wife because they are bitter about something or want to get revenge, but there are other reasons why people carry out affairs. For example, some people may have a sex addiction, which could disrupt their life in countless ways and result in the breakdown of personal relationships. Whether you are struggling with this addiction or you believe that your partner is a sex addict, it is important to consider this topic as you move forward.

Sex addiction may affect someone’s life in different ways. For example, they may regularly cheat on their partner, or they may be addicted to viewing pornography on a frequent basis. This can, of course, be devastating for a spouse and it has led to the breakdown of many marriages. Some people are able to address this addiction and move on in their relationship, while others are irreparably damaged, and divorce is seen as the only option.

Splitting retirement and investment accounts in a divorce

On behalf of Stephanie Benske of Brazil & Benske, LLC posted in high asset divorce on Friday, March 8, 2019.

Not only can a Wisconsin divorce be emotionally taxing, but it can also hit all your retirement and investment accounts hard. As a result, it is crucial that each soon-to-be-ex leaves the marriage with some retirement savings. At Brazil & Benske, LLC, we often represent clients going through a high-asset or complex divorce.

According to FINRA, dividing assets can be time-consuming and tedious. There are several guidelines that regulate how you may split retirement and investment accounts so they have only your name or your spouse’s. In many cases, the assets must rollover to an IRA. While it may be tempting to liquidate your investments, it may not be worth it if you incur significant tax penalties. Annuities often have steep costs for early exits.

Older divorcing couples face unique financial issues

On behalf of Stephanie Benske of Brazil & Benske, LLC on Monday, March 4, 2019.

Older couples heading for divorce after decades of marriage must deal with financial issues they would not have worried about in their younger years.

Some of these concerns are more pressing simply because seniors do not have as much time left and must, therefore, make adjustments.

Find help to rebuild yourself after the divorce

On behalf of Paulette Brazil of Brazil & Benske, LLC on Sunday, March 3, 2019.

No matter how great or how modest the divorce settlement was, you will proceed into unfamiliar territory by yourself, no longer as part of a couple.

You may be nervous about facing the future as a newly minted single person, but you do not have to go it alone. Here are four tips to help you rebuild yourself after divorce.

Best interest of the child factors

On behalf of Stephanie Benske of Brazil & Benske, LLC posted in child custody & support on Monday, February 25, 2019.

If you are going through a divorce in Milwaukee and are also figuring out custody for your children, there is a lot of stress and probably a lot of questions around how a judge makes custody decisions. Most consider what is in the best interest of the child, and there are numerous factors involved based on the living situation and age of the child.

According to the Child Welfare Information Gateway, all states require that the courts consider what is best for the child when it comes to making custody agreements. Some of the factors Wisconsin considers include the ability to provide medical care, clothing, food and a safe home as well as the importance of maintaining relationships with siblings and family. Wisconsin also considers the child's wishes when he or she is old and mature enough to understand what is going on.

Strategic ways to minimize the stress of paying alimony

On behalf of Stephanie Benske of Brazil & Benske, LLC posted in alimony on Sunday, February 17, 2019.

When you first got married, divorcing your spouse was probably not something you anticipated and planned for. As such, coping with the challenges of separating from each other can often instill intense emotions and concerns about your future. At Brazil & Benske, LLC, we are committed to helping families through the important decisions that come with getting divorced.

One of the possibilities you may be facing is having to pay alimony to your soon-to-be ex. This allotment of money is designed to provide financial support to your spouse, but the amount you are required to pay may fluctuate based off of several factors. Courts will look at aspects like how much money you and your spouse make independently and whether or not your spouse is capable of maintaining a job. There is a chance that you can arrange an agreement that will allow you to discontinue making alimony payments as your spouse becomes more independent.

Do you need a forensic accountant on your divorce team?

On behalf of Stephanie Benske of Brazil & Benske, LLC posted in property division on Tuesday, February 12, 2019.

Anyone in Wisconsin who has ever gone through a divorce can probably attest that it can be a highly emotional, heart-wrenching process. However, once you take your emotions out of the equation, divorce is really about dividing your assets and debts so you can start rebuilding your life on your own. Increasingly, one or both parties in a divorcing couple are adding forensic accountants to their divorce teams to make sure they are well-positioned for a fresh financial start.

Just how might having a forensic accountant on your divorce team work to your advantage? For starters, Forbes reports that this type of financial professional can help make sure that both parties involved in the divorce are being truthful about their income and assets. You may not realize how little you truly know about your former partner’s earnings until you decide to divorce this person, but a forensic accountant can work to see that you do, in fact, end up with your rightful share.

Ending your marriage after retirement

On behalf of Stephanie Benske of Brazil & Benske, LLC posted in divorce on Friday, February 1, 2019.

Those who move forward with a divorce may be dealing with any number of issues in their personal lives, from problems with their in-laws to financial hardships and emotional hurdles. It is important to pay close attention to the unique circumstances you are facing and be aware of any details that could impact your divorce (as well as your life afterward). For example, perhaps you or your spouse recently retired or plan to retire in the near future. If so, it is essential to be aware of the different ways in which this could affect your life and your divorce.

Many people look forward to retirement, while others may dread no longer spending their days on the job. Moreover, some people may find that their life and their outlook on life has changed once they stop working. For example, someone may no longer wish to stay married to their spouse after they retire, and a couple may find that they are incompatible. Or, someone may want a fresh start in life because their perspectives have changed since they are no longer working.

Who will serve as guardian for your minor child if you die?

On behalf of Stephanie Benske of Brazil & Benske, LLC on Tuesday, January 29, 2019.

If you and your spouse should die unexpectedly, who would become the guardian for your child? Parents need to give this some serious thought, then name the guardian of their choice when they prepare their will.

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