How to Set Boundaries in Divorce?

Going through a divorce can be a challenging and disruptive process that can disrupt your life, even after all the papers have been signed and the divorce has been finalized. The process may become particularly difficult to navigate if you and your former spouse do not establish clear boundaries. This can make it easier for both of you to move forward, help your children adjust to the divorce, and avoid ongoing conflict.

What Are the Different Types of Boundaries That May Need to Be Set?

Every divorce is unique, and couples may need to prioritize certain boundaries over others based on the circumstances of the divorce. The following are examples of boundaries that you may need to establish in order to make the divorce process go as smoothly as possible:nPhysical Boundaries: This allows you to create space between you and your former spouse. Whether you continue to live together while you navigate the divorce process or one of you moves out, it is important that you put some physical distance between the two of you. If you do need to remain in the home together for financial reasons, it is highly recommended that you sleep in separate rooms and put distance between the two of you when possible. This should be a top priority if your spouse has been physically abusive over the course of your marriage.nEmotional Boundaries: Once you have made the difficult decision to get a divorce, establishing emotional boundaries is crucial to protecting your mental health. This can help you manage your emotions and prevent discussions from becoming heated. There are several strategies for establishing emotional boundaries, including limiting conversations between you and your spouse that could cause emotional distress or only discussing the divorce at certain agreed-upon times. A therapist or counselor can help you establish and maintain these boundaries.

How Do I Discuss Boundaries with My Spouse?

Unless your divorce is amicable, any communication with your spouse may be fraught with anger, resentment, and stress. Initiating a conversation about boundaries may seem like a daunting task. The following tips can help you broach the topic and have a productive conversation:nChoose a neutral location where you feel comfortable and safe. Do not have a conversation about setting boundaries if one or both of you are tired, stressed, upset, or distracted.nPrepare for the conversation by thinking about the boundaries you want to establish and how to do it. Consider writing your thoughts down or creating an outline of the points you would like to communicate.nBe clear about the boundaries you want to establish and provide specific examples, if possible. This can help avoid misunderstandings.nBe an active listener during your conversation, and make an effort to understand your spouse’s thoughts about certain boundaries. Be willing to make compromises if necessary.

What if My Former Spouse Violates the Boundary?

Ideally, you will both agree to the recommended boundaries and avoid any future conflicts. However, if your ex does violate a boundary, there are steps you can take, including the following:nReiterate the boundaries you both agreed to.nEstablish consequences for violating a boundary.nSeek support from experts like a family counselor or a divorce lawyer.

New Year, New Estate Plan: Updating Your Will and Trusts for 2025

As the calendar turns to a new year, many of us take the opportunity to reflect on our goals, priorities, and financial well-being. One area that often gets overlooked is estate planning. Your will, trusts, and other estate planning documents are critical tools for protecting your legacy and ensuring that your wishes are carried out. Starting 2025 with a review and update of your estate plan is a proactive step toward financial security and peace of mind.

Why Updating Your Estate Plan is Crucial

An estate plan isn’t a set-it-and-forget-it document. Life changes, tax laws evolve, and your financial goals may shift over time. Failing to keep your estate plan up-to-date can lead to unintended consequences, such as family disputes, unnecessary taxes, or assets not being distributed according to your wishes. Here are some key reasons to revisit your estate plan in 2025:

Reflecting Life Changes:
- Have you experienced significant life events, such as marriage, divorce, the birth of a child, or the death of a loved one?
- Have your financial circumstances changed, such as acquiring new assets, starting a business, or receiving an inheritance?
- Do you need to update beneficiaries or appoint new executors or trustees?
Adapting to Tax Law Changes: The beginning of a new year often comes with adjustments to federal and state tax laws. For 2025, it’s essential to ensure that your estate plan aligns with the latest regulations to optimize tax efficiency and protect your assets.
Addressing Changing Goals: As your priorities evolve, your estate plan should reflect those changes. For example, you may wish to incorporate charitable giving, adjust provisions for minor children, or create trusts to support specific family members.

Key Areas to Review in Your Estate Plan

When reviewing your estate plan, pay special attention to the following documents and provisions:

Your Will: Ensure that your will accurately reflects your current wishes. Update beneficiary designations, revise guardianship arrangements for minor children, and confirm that your executor is still the right person for the role.
Trusts: Trusts are powerful tools for managing and protecting assets, minimizing taxes, and providing for loved ones. Review the terms of your trusts to ensure they align with your financial goals and take advantage of any new tax-saving opportunities.
Power of Attorney and Healthcare Directives: Confirm that the individuals you’ve appointed to make financial and medical decisions on your behalf are still appropriate. Update these documents if necessary to reflect your current preferences.
Beneficiary Designations: Remember that beneficiary designations on accounts such as life insurance policies, retirement plans, and investment accounts often supersede the provisions in your will. Review and update these designations to avoid conflicts or unintended distributions.
Asset Ownership: Check how your assets are titled. Joint ownership, community property, and other arrangements can affect how your assets are distributed upon your passing.

How Tax Law Changes May Impact Your Estate Plan in 2025

Tax laws can significantly impact estate planning strategies. While federal estate and gift tax exemptions remain high, they are subject to periodic adjustment. For 2025, consider the following:

Estate Tax Exemption: The federal estate tax exemption may change based on inflation adjustments. Ensure your estate plan accounts for any potential shifts in the threshold.
Gift Tax Exemption: Annual and lifetime gift tax exemptions can offer opportunities to transfer wealth tax-free. Review your gifting strategies to make the most of these allowances.
Income Tax Considerations: Trusts and estates are subject to unique income tax rules. Work with an attorney or financial advisor to explore strategies for reducing income tax liabilities.

Benefits of Proactively Updating Your Estate Plan

Regularly updating your estate plan provides several benefits, including:

Protecting Your Loved Ones: Ensure that your family is taken care of and avoid unnecessary stress or confusion during difficult times.
Maximizing Tax Efficiency: Take advantage of opportunities to minimize estate, gift, and income taxes.
Avoiding Legal Challenges: Keep your documents clear, up-to-date, and compliant with current laws to reduce the risk of disputes.
Achieving Peace of Mind: Knowing that your estate plan reflects your current circumstances and goals can provide a sense of security.

How Lyons & Associates Can Help

At Lyons & Associates, we understand the importance of a comprehensive and up-to-date estate plan. Our experienced Wills, Trusts & Estates attorneys can guide you through the process of reviewing and revising your documents to ensure that they meet your needs and comply with the latest legal requirements.

Whether you’re looking to create a new estate plan or update an existing one, we are here to provide personalized attention and expert advice. From drafting wills and establishing trusts to navigating complex tax laws, our team is dedicated to protecting your legacy and giving you confidence in the future.

Start the New Year with Confidence

Don’t let another year go by without ensuring that your estate plan is up-to-date. Contact Lyons & Associates today to schedule a consultation. Let us help you start 2025 with a plan that reflects your goals, protects your loved ones, and optimizes your financial future. Together, we can ensure that your estate plan serves as your legacy’s strongest foundation.

Category: Estate Planning, Financial Planning