30 Who’s Who In Law
Ponte Vedra Recorder · November 12, 2015
Can celebrity split-ups teach us legal lessons?
From prenuptial agreements
to other divorce issues, asset
protection attorney explains
how to get it right
There’s never a shortage of notable
divorces, and outlets like TMZ are never
dry on the topic.
Top-tier actors, athletes, business titans and their spouses are fodder for a
public suffering their own breakup or
divorce issues. Even during their lowest
moments, these folks serve as entertainers – as a way for the rest of us to escape our own lives.
But we also can learn something from
our heroes, says attorney Hillel Presser,
of the Presser Law Firm, P.A., whose
firm specializes in comprehensive asset
protection.
“Whether you rejoice in seeing how
the mighty have fallen or you truly empathize with their pain, celebrity divorces remind us of at least one thing: it
can happen to us,” says Presser, author
SB-250
of “Financial Self Defense” (www.assetprotectionattorneys.com).
“Divorce can happen to anyone.
While you may not suffer the same kind
of public humiliation as a public figure,
it’s still very painful – and, it can cost
you your life’s work in assets.”
Presser details how to cover the basics in case the unthinkable happens to
you.
• Insist on a pre-marriage agreement.
This is a written contract between intended spouses. It specifies how their
property and income will be divided
in divorce. Pre-marriage agreements –
or premarital, prenuptial or ante-nuptial agreements – aren’t only for the
wealthy. Every couple could use one.
It’s their most efficient, equitable way to
settle matters in advance of a future divorce. Pre-marriage agreements resolve
many issues less easily reconciled by
divorce courts.
• Write a post-nuptial agreement
even if you’re married. Most states allow for these post-nuptial agreements.
Married spouses may want to contractually agree on how they’ll divide their
assets should they later divorce. As
For more information
Narrowing the gaps
CDC Breastfeeding http://www.cdc.gov/
breastfeeding/
Executive Summary of U.S. Surgeon General’s
Call to Action to Support Breastfeeding http://
www.sur geongeneral.gov/library/calls/
breastfeeding/executivesummary.pdfhttp://
www.surgeongeneral.gov/library/calls/
breastfeeding/executivesummary.pdf
Breastfeeding Law Organization http://
breastfeedinglaw.com/state-laws/florida/
Florida Breastfeeding Coalition http://www.
flbreastfeeding.org/legislation.htm
Florida Department of Health Breastfeeding
http://www.floridahealth.gov/programs-andservices/childrens-health/breastfeeding/
index.html
Florida Department of Health Breastfeeding
Support http://hillsborough.floridahealth.gov/
programs-and-services/clinical-nutritionservices/wic-nutrition/brestfeeding-program.
html
Despite negative press, the FBC received multiple requests to provide
additional support and information regarding the time sharing needs of exclusively breastfed children. In one
instance, an attorney in the Pensacola
area asked the FBC to recommend an
expert in the field of lactation to serve
as an expert witness at a court hearing
in a 50/50 custody dispute that resulted
in a favorable outcome for the breastfeeding dyad.
While favorable, questions presented
by opposing counsel and the judge alluded to having to make a choice between breastfeeding and spending time
with the father. In response to such
lines of questioning, the expert witness
continued to emphasize the importance
of sustaining current recommendations
backed by the Center for Disease Control, American Academy of Pediatrics
and the World Health Organization.
Notably, she testified that it was not
a matter of choosing sides – but a matter in which time-sharing would require
special considerations.
In addition to emphasizing the importance of special time-sharing considerations, the expert discouraged extended periods of separation with limited
overnight stays for up to 12 months of
age and commented that mothers have
a hard enough time keeping up with
demand of the average work day, let
alone a 7 day separation – agreeing that
Continued from 27
Health System - The U.S. Surgeon General. Benefits of exclusive breastfeeding
go beyond mere nutrition.
Breastfeeding
reduces
expenditures associated with health related
incidences preventable by breastfeeding, enhances maternal-child bonding
and reduces risks of breast and ovarian cancers, obesity and communicable
disease. A 50/50 mandate reduces the
capacity of mothers to sustain long term
health benefits of breastfeeding for infants, children and the mothers themselves.
with pre-marriage agreements, the enforceability of the post-nuptial agreement requires the agreement to be fair;
that both spouses fully understand the
agreement; that neither party defrauded
the other; and that each party had independent legal counsel.
• Don’t cohabit without a cohabitation agreement. Many couples now live
together without marriage. Some want
to test their relationship before they
marry. Seniors live together because
marriage would disqualify Social Security or pension benefits. Others want
to avoid the financial responsibility of
marriage, or they don’t want to commit
to the care of an ill partner. More than
a few want to avoid the legal and financial complications from marriage – particularly when one party has substantially more wealth.
• Divorce-proof your assets with an
international trust. A spouse can put his
or her assets beyond the reach of the
divorce court with an international asset protection trust. Those anticipating
a divorce can shelter their assets in offshore asset protection trusts. They must
disclose the trust assets to the divorce
court, but the court cannot recover or
divide these assets.
However, such maneuvers do not ensure victory. Divorce courts can award
the victimized spouse more U.S.-based
assets to compensate for the trustshielded assets. Or, compensation may
be awarded via alimony or support. But
such asset protection is useful for those
with few remaining assets in the U.S.
and one’s income is too small for the
court to score through an excessive alimony award.
“pump and freeze” is not the solution.
Likewise, public comment in response to the FBC’s article published in
the Palm Beach Post referenced the illogical nature of the “pump and freeze”
solution by highlighting the following
concerns involving the breastfeeding
mother and child regarding 50/50 time
sharing:
A child may refuse a bottle and take
nothing else other than the breast that
could raise concerns for malnutrition or
excessive stress and crying.
Introducing a bottle could jeopardize
breastfeeding because nipples differ
Some women find it uncomfortable
to pump or do not have the resources
to pump
Children are unpredictable – what
happens when the frozen breast milk
runs out for an exclusively breastfed
child? Would the breastfeeding parent have to make themselves available
based on the other parent’s time-sharing
demand?
SB 250. Mothers who choose to breastfeed should not be penalized under the
court of law.
Special consideration should be given in these cases.” Ms. Quick believes
the court system must focus on the best
interest of the child for both nutritional
and psychological reasons. This mandate holds true for mothers as well.
Ms. Quick stated, “A pump and freeze
solution places unnecessary stress on
the mother and child during the early
years of life. A better alternative must
be sought.”
The Quick Law Group Weighs In
The Quick Law Group, Divorce and
Family Law for Women, have been
working to address the 50/50 time share
laws. CEO and Managing Attorney
Heather Quick, champion for women’s
family law rights, believes each case
should not receive a cookie cutter formula.
While there are exceptions to this law
in place, breastfeeding is not one of
them. According to Ms. Quick, “Breastfed children need to be exempt from
About Hillel L. Presser, Esq., MBA
Hillel L. Presser’s firm, The Presser
Law Firm, P.A., represents individuals
and businesses in establishing comprehensive asset protection plans. He is a
graduate of Syracuse University’s School
of Management and Nova Southeastern
University’s law school, and formerly
served on Nova’s President’s Advisory
Council. He is a former adjunct faculty member for law at Lynn University. Complimentary copies of his book
“Financial Self-Defense” are available
through www.assetprotectionattorneys.
com.
Alternative Solutions
While infant feeding methods are a
matter of personal choice, mothers who
choose to comply with exclusive breastfeeding recommendations should not
be penalized for doing so and deserve
special considerations for time sharing until the infant self-weans from the
breast.
Pump and freeze is not the solution!
Better alternatives should be explored
for the best interest of the child. Suggestions include: 1) opposing mandated 50/50 time sharing, 2) exempt
breastfeeding mothers from legislation
like SB 250, 3) fund research aimed to
study the burden of 50/50 mandated
family law reform on children and their
families, and 4) form a multidisciplinary
task force that includes specialist in law,
psychology, social work, pediatrics,
lactation, economics and infant mental
health to address the needs of divorce
and family law.