Paul Horton: We are getting divorced, later

The climate in Washington and uncertainty of where healthcare will end up has some couples rethinking their divorces. I’ve seen this before as a divorce lawyer.They are deciding to stay together to keep their current health insurance. This does not mean they are salvaging their marriage or there is any hope for a reconciliation. It simply means they are working on postnuptial agreements that outline how the finances and benefits will be distributed pending an official divorce. Other couples have chosen to finalize divorce documents but not sending them in until they know what will happen to healthcare. Previously couples could obtain a legal separation and be able to keep benefits for up to three years. However, companies no longer allow the legally separated partner to stay on employer plans. This leaves spouses with few options and this is the solution that many have come to.

THE AFFORDABLE CARE ACT

Women, especially suffered the most from a divorce prior to the Affordable Care Act. They would quickly be kicked off of healthcare plans their spouses had at work and would be unable to find an affordable plan. Under Obamacare, insurers were required to provide health care plans to anyone with a pre-existing condition. By no means is the current healthcare act fool proof but it has allowed more independence when getting a divorce. Now that it is being threatened, couples are reconsidering their options.

UNABLE TO MOVE ON

Divorces are caused by many things and couples who still care for their partner’s well-being will separate but help as much as possible to help them keep their benefits. This is a difficult situation for both spouses to be in. They want to move on with their lives and start anew but are tied together legally. When they start dating again and get into a new relationship, it can even put a strain on the new relationship because the partner might not be as understanding. This can also cause a complication for the divorcing partners as there can be an added pressure to get a divorce faster. This can foil the plan of staying together or holding the divorce for the sake of health insurance. Couples can only hope that Washington finds a health care solution or leave the Affordable Care Act in place.

RELIGION: SOMETIMES A TOUGH ISSUE TO CONFRONT IN CHILD CUSTODY

An important issue that sometimes comes up in Utah child custody cases is religion. Maybe one parent practices one faith, while the other parent practices another. Or maybe both parents practice the same faith, but one parent observes particular religious tenets while the other parent doesn’t. In any case, child custody and visitation arrangements should always be based on the best interests of the children.

It is completely understandable that each parent will want to adhere to his or her belief system, as well as pass religious (or secular) values on to their children; So, when it comes to visitation schedules, how can parents compromise in matters of faith?

With many religions, the issues to consider in child custody are clothing, food and the observance of other religious practices such as prayer and holidays. When there is a conflict, these are not easy matters to confront, but if parents want to avoid going to family court, it is important to remember that compromise is usually necessary.

Parents trying to set up a workable visitation schedule often have to address the question of where the children will go on certain holidays. Children, and especially younger ones, depend on routine for a sense of stability, so divorcing parents may want to establish exactly which religious holidays will be observed at which residence. Even if a sudden change of plans is necessary, that issue can be addressed when the time comes. In any case, it is better to have a plan in place rather than assume life will go smoothly.

The in-house observance of religious tenets is another issue that sometimes leads to conflict between parents. This issue can perhaps be even more contentious than parenting time on religious holidays. If parents have child custody and visitation concerns related to religious practices, then consulting with a Utah family law attorney may be helpful in understanding exactly what rights parents have.

Free Consultation with Divorce Lawyer

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.