Bye Bye, Permanent Alimony! Welcome, New Time-Sharing Rules! with Claudia Pernudi, Esq.

Beginning with the captivating detail that Claudia Pernudi is known as the "Divorce Poet," this podcast episode features a conversation between Raquel Ramirez and Claudia Pernudiand Esq. about changes to matrimonial law, the importance of respect and objectivity in divorce proceedings, and the legal implications of committing fraud in a divorce settlement. They also discussed the use of life insurance policies to secure alimony payments, the need to hire a lawyer who specializes in matrimonial and family law when going through a divorce, and the importance of drafting a prenuptial agreement. Lastly, they discussed Raquel's career as a poet and the support Claudia provided her with.

Episode Outline:

(00:34:50) Modifying Alimony

(00:54:50) Poetry Performance

(00:48:16) Divorce Lawyer Selection

(00:21:01) Divorce Conflict Resolution

(00:27:21) Child Custody Changes

(00:06:50) Alimony Changes

(00:14:24) Alimony Caps

(00:41:17) Prenuptial Agreements

(00:00:00) Alimony Changes

Quotes:

(00:04:11) It used to be that adultery only really came into play when, let's say the husband would buy the paramore a condo, take them on vacation, buy them jewelry, things like that. And if you were able to prove it, you would get a credit when you divided up property.

(00:44:44) You marry for love, and you divorce for money. That's really the bottom line.

(00:13:25) And to be honest with you, I see more and more women that are the earners of the family and the husband. So I think as women progress in their careers, as more and more women go to college and go to grad school and enter professions such as doctors, lawyers, accountants, dentists, and they're making a lot of money, and their husbands become either entrepreneurs in the hopes of making it big with their own company or if they choose to do vocation. Or maybe they're simply house husbands. The ones who are going to be asking for alimony are the men. And so women are also going to be benefiting from this because if there's one thing women don't like to do, it's pain. Nobody wants to support their former spouse, but I think women especially don't want to.

(00:52:09) You want to be careful with that and you want to make sure that you have a good fit with someone that you like and that you trust and that will see your case to the end.

(00:20:33) You don't know your spouse until you divorce them.

(00:39:29) You need to hire professional help, an attorney who is experienced, who is knowledgeable, who is also caring, to be able to guide you through that process and set you up for success, whatever that means to you, whatever that looks like for you and your future and your family and your kids and all that.

(00:55:58) It's my pleasure. Thank you so much for having me as a guest. I loved it.

(00:33:10) But the overriding factor that the court will consider in establishing or modifying a parenting plan or time-sharing schedule is going to be always in the best interest of the child.

(00:23:23) But the truth of the matter is that they were able to remain calm and respect one another and do what they said they were going to do from the beginning, which was very nice.

Social Post:

Are you curious about the new alimony laws? Tune into the latest episode of The Real Talk podcast to learn more! We discuss the new caps on alimony, the length of marriage, and other factors that can affect the amount of alimony awarded. We also talk about misconceptions and how to make sure you get the best outcome in your divorce. Don't miss out on this important conversation! #TheRealTalk #Alimony #Divorce

Are you getting married soon? Don't make the mistake of not getting a prenuptial agreement! Listen to the latest episode of The Real Talk podcast to learn why it's important to protect yourself and your future. In this episode, Raquel Ramirez and Claudia Pernudiand Esq. discuss the importance of prenuptial agreements and why it's important to hire a family law attorney who specializes in divorce law. Don't miss out on this important conversation! #TheRealTalk #PrenuptialAgreements #DivorceLaw

Are you going through a divorce and feeling overwhelmed? Don't worry, you're not alone! On the latest episode of The Real Talk podcast, Raquel Ramirez and Claudia Pernudiand Esq. discuss the legal aspects of divorce and how to navigate the process. They talk about the importance of therapy and mental fortitude, the new changes in child custody laws, and how to make sure you're making informed decisions. Tune in to hear their advice and get the support you need! #TheRealTalk #Divorce #LegalAdvice

Blog Post:

Divorce is a difficult process, and it's important to understand the legal implications of the situation before entering into a settlement agreement. In this podcast episode, Raquel Ramirez and Claudia Pernudiand Esq. discussed the changes to matrimonial law, the importance of respect and objectivity in divorce proceedings, and the legal implications of committing fraud in a divorce settlement.

They also discussed the use of life insurance policies to secure alimony payments, the need to hire a lawyer who specializes in matrimonial and family law when going through a divorce, and the importance of drafting a prenuptial agreement. The conversation also touched on the famous example of Elizabeth Taylor, who was divorced multiple times.

When discussing changes to matrimonial law, the two big changes that went into effect on July 1st pertain to both kids and alimony money. With respect to time sharing, the presumption is that it's going to be equal time sharing, and the court will always consider the best interest of the child when establishing or modifying a parenting plan or time-sharing schedule. Exceptions can be made if one parent is an airline pilot or firefighter and is out of town for a few days.

When it comes to alimony, there is no more permanent alimony. Adultery can now be taken into consideration for alimony purposes, depending on its economic impact. The court can also order that the person making the payment, the person receiving the payment, or both of them have to share in maintaining a life insurance policy to secure alimony payments. The life insurance policy is meant to ensure that alimony payments are received in the event of the payer's death. Alimony is no longer a permanent arrangement, and the threshold for receiving payments has increased. Short-term marriages are defined as less than 10 years, moderate-term marriages are between 10 and 20 years, and long-term marriages are over 20 years. Durational alimony used to be able to exceed the length of the marriage, but now there are caps in place.

Financial disclosure is also required during the divorce process, including bank accounts, credit cards, debts, retirement accounts, IRAs, and cryptocurrency. It is important to do research and feel comfortable with the lawyer you choose. Hiring an attorney does not mean the parties have to fight tooth and nail. The best-case scenario is to hire two consummate professionals who can mediate the case and protect both parties.

When it comes to prenuptial agreements, it is not advisable to speak to the spouse's attorney as they cannot provide the same legal advice. Raquel Ramirez consulted with Claudia Pernudiand Esq. about a prenuptial agreement. The prenuptial agreement was drafted by the fiancé's lawyer and had an unfavorable alimony provision. Raquel Ramirez gave limited legal advice to the bride-to-be, and she took it to her fiancé and his lawyer to revise it. When the bride-to-be returned with the revised prenuptial agreement, it was worse than before due to misused terminology. Raquel Ramirez advised the bride-to-be to hire a lawyer to ensure the prenuptial agreement was written correctly.

It is not only important to have legal advice, but also to be respectful and objective. Respectful people can still love and respect each other even after a divorce. Divorce lawyers can be expensive, and the longer it takes to settle, the less money the parties will end up with. People can be so angry that they will do whatever it takes to hurt the other person, even if it means hurting themselves. Lawyers need to be a voice of reason and objectivity, not just a mouthpiece for their client's anger.

Raquel Ramirez warned that people often marry for love and divorce for money. It is important to be aware of the potential financial implications of divorce. Hiring a lawyer is not necessarily to fight with the other party, but to make informed decisions and to avoid any potential heartache and problems in the future.

At the end of the day, the most important thing to remember is that divorce is a process, and it is important to seek legal advice from a lawyer who specializes in matrimonial and family law. It is also important to have respect for the other person and to approach the situation with objectivity. If you need help, it is important to seek therapy, as lawyers are not therapists.

Resources:

Connect with Raquel Ramirez:

• LinkedIn

Connect with Claudia Pernudi, Esq.:

• LinkedIn
• Website

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