Divorce Mediation helps you resolve all issues of property, including some that you couldn’t even afford to think about!
If you litigate a divorce, you’re always aware that each time your two attorneys open their mouths, your family’s money enters their pockets. So you and your spouse limit your fights to all the big property issues, such as houses, bank accounts, retirement funds.
What you may never have considered- or thought too costly to fight about – were small or unusual property issues that you wish you’d discussed now that the dust has settled from your divorce:
With divorce mediation, it’s economical and easier to resolve these overlooked property issues:
Seasoned Property: You’re a Mets’ fan; he’s a fan of the Metropolitan Opera. You have season tickets to both. No problem. You take the Mets. He takes the Met. But if you both can’t live without the high notes and the highlights, what are you going to do? If you pay your two attorneys to fight over the tickets, it would be cheaper to throw them out.
In mediation, you can resolve this quickly and cost effectively. Split the season? Buy each other out? Each go to every other performance or game? In mediation, you consider all the options.
Fly Me To the Moon: Most couples have accumulated frequent flyer miles and/or American Express Membership points during their marriage. These points/miles should be treated as marital property. In several of our divorce cases, parties have accumulated so many miles/points that they are a significant asset.
In mediation, you discuss how they will be divided. One of our clients had a million American Express Membership points!!! Enough, I’m sure, to fly him and his wife around the world. Or who knows? One day, fly them to the moon?
Seeing Eye-To-Eye on the Dog (or Cat): A beloved family pet shouldn’t be part of a property blog!! But in reality, Georgie, or Paws, or Mia is not going to be treated like one of your children by the courts. While you see one big bundle of unconditional love, the court sees a property right!
In mediation, we often have couples make up a parenting plan for their pet. Also though pets are priceless, the cost of having one is very pricey. If you take the dog because the kids live with you, is it fair that you pay for all her upkeep? What about that $12,000 operation? Also if you don’t have the dog, do you still want a say in any major decision made about her – including that difficult end-of-life decision?
Lady of the Ring: It is black letter law that an engagement ring is considered a gift. It’s the separate property of the woman who receives it. But in some cases, the ring has great sentimental value to the husband as a family heirloom.
In mediation, we help couples when both parties want the ring. We discuss their mixed emotions and the possible tradeoffs if one spouse gives up the ring that is rightfully hers.
Whose Royalty: If you were divorcing Paul McCarthy, this issue would be front and center in your divorce. But your spouse might have written a book a few years ago that got little notice and was quickly remaindered. She’s cashing that dollar-a-year royalty check.
Still in mediation, you may want to bring up the fact that she is becoming a well-known writer. And you have faith that all her books will be bestsellers someday. Besides, you were the maglie calcio poco prezzo muse for that remaindered book! So you might want to mediate a stake in the royalties of the book should they ever exceed a certain amount per year.
Art Appreciation: You and your spouse bought a painting a few years ago. He’s always loved it, and you let him keep. After the divorce, you watched Antiques Roadshow. You’re sure you saw a painting just like the one your ex has valued on the show for $100,000!
In mediation, couples have mediated the possibility that one party is taking a piece of art, an antique, etc. that might turn out to be valuable one day. Often we put something in an agreement that allows the person who gave up this item to share if a future windfall materializes.
Divorce mediation is economical enough that no property issue is too small or usual to discuss. And the rewards can be very large.