Pages Menu

Posted by on Aug 28, 2015 in Uncategorized |

Protecting Collectibles From An Acrimonious Divorce

A person can develop a lot of anger and bitterness while going through a divorce that may cause him or her to lash out at the soon-to-be ex-spouse. This can result in the loss of valuable or sentimental items that the person spent a lot of years and money acquiring. For example, a woman acquired her ex-husband’s video game collection in a divorce and sold it for much less than it was worth to get back at the man. If you want to avoid the same thing happening to your collectibles, use the following tips.

Draw Up a Prenuptial Agreement

A prenuptial agreement is a contract that details the terms of marriage prior to both parties going through with the union. While a prenuptial agreement can address almost any issue, the majority of contracts focus on the division of property and spousal support in the event the marriage ends in divorce. If you want to keep your spouse from being awarded your collectibles when you separate, drawing up a prenup agreement addressing the issue would be the first place to start.

Even if you’re already married, you can still have this type of contract drawn up between you and your spouse. In this case, it would be called an postnuptial and may be a little more complex to implement depending on how long you’ve been married and whether the assets you want to protect are considered separate or marital property.

In either case, it’s essential that you work with an attorney when drawing up the agreement to ensure it is legally binding. It’s not unusual for a judge to throw out a prenuptial agreement because it was worded poorly or addressed issues that can only be resolved by a court (e.g. child support payments, child custody).

Do Not Buy Your Collectibles with Mixed Money

Even if you don’t have a prenuptial agreement, you can still prevent your soon-to-be ex-spouse from getting your collectibles by maintaining the assets’ separate property classification. Separate property is assets that belong to one spouse, while community or marital property is assets that belong to both spouses. In general, any assets the spouse owned prior to getting married is considered separate property, while assets acquired after the marriage are considered community property.

Unfortunately, if you’re not careful, your separate property can be ruled community property in a divorce. This can happen if you purchase items for your collection using comingled funds. For example, you buy video games with money from a joint checking account. Your ex-spouse could argue that since you used some of his or her money to enhance the collection, he or she has a claim to it.

A judge may also award your ex-spouse a portion of the collection (or equivalent value) if he or she added to it in some way. For instance, your wife spends time searching for and buying snow globes to add to your collection of kitsch. This investment in time and money may entitle her to some of the equity in the asset, especially if she spent her own money and her contributions increased the overall value of the collection.

To avoid either of these scenarios, only use your money to buy pieces for the collection. If your spouse is interested in contributing to it, then you’ll need to come to an agreement (preferably written) about what happens to the collection should you get a divorce.

Relocate the Asset

If you feel your marriage is headed towards divorce (or you’ve already entered that stage) and you think your collection is at risk of being damaged or sold off by your spouse, it may be prudent to move it to a safe place until the proceedings end. Be careful and consult with your attorney before doing so. Moving an asset can be seen as an attempt to hide it, and a judge may penalize you by dividing the asset between you and your spouse or taking it away altogether. Make sure you list the collection as part of your assets and be very clear about your reasons for relocating it to avoid accusations of impropriety.

For more tips on protecting your valuable collection during divorce, contact a divorce attorney near you, which you can do by visiting a site like http://www.glfamilylaw.com.

Read More

Posted by on Aug 6, 2015 in Uncategorized |

When Is Your Employer Liable For Workplace Violence?

You may assume workers compensation coverage applies only injuries associated with slips, trips, and falls in the workplace. However, this insurance covers much more — and with recent increases in the rates of workplace violence, knowing when your employer is required to take steps to protect you and coworkers from potential physical danger can be crucial. Read on to learn more about the situations in which your employer may be liable for employee (or customer) actions that cause other employees injury, as well as what you should do if you find yourself on the mend from a debilitating injury deliberately caused by a customer, coworker, or supervisor.

What injuries are covered by workers compensation?

Workers compensation is a type of insurance coverage carried by employers and intended to compensate employees for any medical costs, lost wages, or other expenses associated with an on-the-job accident. Workers comp can cover injuries ranging the gamut from an infected papercut to a gunshot wound, as well as just about anything in between. If your injury didn’t take place at your work site, but while you were traveling for work (or to a new work site), it should still be covered. The only large swath of injuries excluded from workers comp coverage are those that take place during your normal morning or afternoon commute, unless you were traveling to a different location than your normal one.

Are employers responsible for violent actions committed by employees or customers?

Since 1970, the federal government has prescribed a number of health and safety regulations for employers through its Occupational Safety and Health Act (OSHA). These OSHA regulations primarily govern safety from mechanical issues or equipment failure — like ensuring that those who regularly work at or above certain heights have the requisite safety equipment, requiring hard hats and other protective equipment in areas with falling or flying objects, and other physical safety issues.

However, some OSHA regulations are more broadly interpreted, and employers who ignore threats of violence or other potential red flags that indicate an employee or customer could pose a physical danger to other employees could be committing a violation. Many state governments have also implemented laws and regulations targeted toward reducing violence in the workplace. If your employer was (or should have been) aware of a danger and did nothing to prevent it, it may be responsible for not only workers comp coverage for your injuries, but also liable under personal injury or wrongful death law.

What should you do if you’ve been injured by a violent customer, coworker or supervisor?

Your first step should be to file a workers compensation claim with your employer. Your employer will then transmit your information to its workers comp carrier to open a claim. After this, you’ll be able to receive checks for any lost wages you’ve experienced while out of work. You should be able to have your medical bills forwarded to the workers comp carrier for direct payment.

If you feel your employer could have easily prevented your accident, you may also want to file a personal injury lawsuit to help recover additional costs. Although personal injury lawsuits are often barred in cases where the claimant is receiving workers comp for the same injury, most states will allow this lawsuit to proceed if your employer engaged in deliberate conduct or negligently failed to take action to protect you and other employees.

Depending upon the circumstances of your injury, you may also want to report this incident to the Occupational Safety and Health Administration. Representatives from this organization may visit your work site and speak to your employers to help implement measures that will prevent similar incidents in the future. Although OSHA fines collected don’t always go to the individuals impacted, the threat of such fines is often enough to force compliance from even reluctant employers. For more ideas, click here for info.

Read More