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Thinking of getting married? Remember, that down the road (while this is not terribly romantic to think about) should the relationship not work out, a court will divide all assets created during the marriage and, most likely, ALL APPRECIATION on the assets you brought into the marriage. You can protect these assets through a prenuptial agreement, which agreement must be signed prior to the marriage, and far enough away from the marriage date to prevent the future argument of duress and/or coercion.
In a divorce case, all assets that were created during the marriage are marital and subject to division. This includes, but is not limited to: pensions, IRA’s, the value of a closely held company, and stock options that have not yet been exercised.
During a divorce process, health insurance will be ordered to remain in effect until the final hearing. For employer provided health insurance, the divorce is typically a qualifying event to cause termination of the non-employee spouse’s health insurance (the minor children should remain covered). The non-employee spouse may be able to have his or her health insurance remain in effect for up to 36 months, provided this non-employee spouse pays the monthly cost (which cost is typically considerably higher than it previously was). Prior to a final hearing in the divorce, the non-employee spouse should compare insurance prices to determine the costs of other policies. The cost of such policy may be considered in an award of spousal support.
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