Middle Tennessee Federal Criminal Defense Law Blog

Many residents in Middle Tennessee and across the state might reasonably believe that white collar crime is a criminal law realm that authorities comparatively deemphasize. After all, it is often stories spotlighting notably violent crimes that garner high-profile press coverage in national media outlets. The white collar criminal sphere lacks similar pulse and drama.

Indeed, though, the white collar crime sphere has been tightly focused upon by regulators, prosecutors and both state and federal task forces (often operating together in investigatory probes) for some time now. That has been especially true since the wake of the deep financial recession that rocked the country a few years back.

When dividing marital assets in a divorce, it's common to turn your immediate attention to the family home, bank accounts and retirement accounts. While these assets deserve your attention, you don't want to stop there.

There are many other marital assets to focus on, as you don't want to miss out on anything that you're entitled to. Some of these include:

• Employer benefits: This includes things such as stock options, pension plans and deferred compensation plans.
• Cemetery plots: It may not be something you want to think about, but a cemetery plot is anything but inexpensive.
• Collections: This can include everything from sports memorabilia to a coin or stamp collection.
• Country club membership: It may not be something you particularly value, but that doesn't mean you shouldn't get your share in the event of a divorce.
• Pets: Some people don't look at pets as a marital asset, but that's exactly what they are. If taking your pet with you is important, start planning on this as soon as possible.
• Photographs and other mementos from the past: These may not hold great value to outsiders, but you realize that these assets are invaluable.

If you're moving toward divorce, you're probably spending a good amount of time arguing with your spouse. The way you handle these conversations will have a lot to say about what happens next.

Here are some arguments that typically come into play before divorce:

• You don't care about me any longer. It can be difficult to fight back against this argument from your spouse.
• You're not getting anything if we divorce. Your spouse may threaten that you won't receive anything in the divorce. This is a scare tactic that shouldn't stop you from proceeding if it's the right decision.
• You'll never get to see the kids again. Just the same as arguments surrounding property division, this can be a nasty fight that takes many twists and turns. If this comes to the forefront, you can expect fights about child custody and support in the divorce.
• You don't want to make things work. Maybe this is true, and maybe this is false. The best thing you can do is be open and honest about your feelings and what you want to happen in the future.

After you tie the knot, you have every reason to believe that you and your spouse will remain married for the rest of your life. However, this doesn't mean you shouldn't protect yourself in the event of a divorce.

There is more to managing marital property than meets the eye, with these tips among the most important:

• Consider a prenuptial agreement: This is the best way to determine upfront what property is and is not subject to division in the event of divorce.
• Keep accurate records: If you need to establish that an asset is not marital property, you should keep records that prove this.
• Keep separate property separate: If you bring an asset into the marriage, keep it separate. If you don't, it may be considered marital property if you divorce.
• An increase in value can make things tricky: If nonmarital property increases in value during your marriage, both individuals may be entitled to part of the increased value.
• Use nonmarital assets to purchase other assets that you want to remain separate: If your spouse pays for part of the asset, he or she can stake claim to his or her share in a divorce.