Welcome to Winter! It's that time of year we love to hunker down and reflect, taking just a few weeks to recharge and prepare for the burst of new life in the spring. We have a few episodes from the archives to share with you over these cozy weeks. First up, what was originally an episode about splitting the summer holidays comes today, just in time for winter's chill!

Winter, that time we celebrate the most cherished of all divorce traditions, that special time when you sit down and ask: how do you split the holidays?

Let’s get this out of the way early: if you have kids involved, splitting holidays is not easy. We’re not just talking about the winter holidays, mind you. What about winter break... New Year's Eve, New Year's Day, Valentine's Day, birthdays, Mother’s Day, Father’s Day, spring break, President's Day, three-day weekends, teacher planning days, Jewish Holidays, Non-Hallmark holidays, and believe it or not, the list goes on from there!

Luckily, after you wrap your head around the sheer number of days to calculate, you can rest easy in the comfort of the one person in your corner who can help you with all that holiday math: your lawyer. That’s right, your lawyer has likely been through this many, many times and has seen every possible permutation of the holiday split and with a little patience, can get you scheduling like a pro.

• (00:00) - Welcome to How to Split a Toaster

Uncovering Hidden Assets in Divorce with Forensic Accountant Kristin DiMeo

In this installment of our "Your Divorce Case" series, Seth and Pete welcome Kristin DiMeo, a forensic accountant and expert witness who has seen Seth in action representing clients in mediations and trials. The conversation focuses on Kristin's role in the divorce process, looking backwards at a couple's finances to uncover and analyze assets that may be hidden or overlooked.

As a CPA, Kristin compiles and examines past financial records to help answer key questions about a divorcing couple's money matters. Beyond digging into the details, she also assists clients and attorneys in settlement discussions and preparing exhibits for court. Seth and Pete dig into what someone should expect when working with a forensic accountant like Kristin and how she approaches complex issues like business valuations.

Questions we answer in this episode:

• What does a forensic accountant do in divorce cases?
• How does a forensic accountant work with divorcing individuals and attorneys?
• What are the different approaches to valuing a business in a divorce?

Key Takeaways:

• Forensic accounting is about uncovering financial details, not always catching deception
• Divorcing individuals can help the process by gathering as many financial documents as possible
• Business valuations in divorce consider assets, income, the market and non-marital factors

For anyone facing a divorce who is unsure about the complete financial picture, this episode is a must-listen. Seth, Pete and Kristin break down the crucial role a forensic accountant can play in ensuring all assets are accounted for and valued properly to enable fair settlement discussions. Tune in for an inside look at the financial side of untangling a marriage.

Links & Notes

• Schedule a consult with Seth
• Got a question you want to ask on the show? Click here!

• (00:00) - Welcome to How to Split a Toaster

Stay safe and sober this holiday season with Soberlink. Co-parenting can be challenging, especially when alcohol abuse is a concern. Give yourself and your family the gift of peace of mind during the holidays by using Soberlink's remote alcohol monitoring system. Improve trust, accountability, and communication in your co-parenting arrangement. Visit their site today to learn more and get $50 off. Happy Holidays from Soberlink!

Navigating the Complex World of Child Support

In this episode of How to Split a Toaster, Seth and Pete dive deep into the often murky waters of child support, the C in the PEACE Process. With precise rules, high stakes, and emotions running even higher, understanding child support is crucial for anyone going through a divorce.

Unraveling the Intricacies of Child Support
In this installment of our season-long look called Your Divorce Case, Seth and Pete break down the complexities of child support, explaining that it has little to do with actual child expenses. Instead, the state uses a mathematical formula based on the combined net income of both parents to determine the amount of support needed. They discuss how factors such as the number of children, parenting time, and additional expenses like health insurance premiums and uncovered medical costs impact the calculation.

Questions we answer in this episode:
• How is child support calculated?
• What factors influence child support payments?
• Can the court deviate from the child support guidelines?

Key Takeaways:
• Child support is based on a formula, not actual child expenses.
• The percentage of financial responsibility for each parent is crucial.
• Regular recurring income, such as bonuses and vested stock options, counts towards child support calculations.

Seth and Pete's in-depth analysis of child support provides valuable insights for anyone navigating the complexities of divorce. By understanding the nuances of the guidelines, parents can better prepare for the financial aspects of co-parenting and ensure the well-being of their children post-divorce.

Links & Notes

• Free Child Support Calculations on Family Law Software
• Schedule a consult with Seth
• Got a question you want to ask on the show? Click here!

• (00:00) - Welcome to How to Split a Toaster

Stay safe and sober this holiday season with Soberlink. Co-parenting can be challenging, especially when alcohol abuse is a concern. Give yourself and your family the gift of peace of mind during the holidays by using Soberlink's remote alcohol monitoring system. Improve trust, accountability, and communication in your co-parenting arrangement. Visit their site today to learn more and get $50 off. Happy Holidays from Soberlink!

Show Me The Money: Understanding Modern Alimony

In this episode of How to Split a Toaster, divorce attorney Seth Nelson and Pete Wright dive into the complex world of alimony. As part of their comprehensive P.E.A.C.E. Process mini-series, they break down what alimony really means today, who might be eligible, and how courts determine payments.

Over the course of the episode, Seth and Pete demystify how alimony actually works. They explore everything from basic calculations to lifestyle considerations, debunk common misconceptions about savings components, and explain why "need and ability to pay" matters more than simple income differences. The discussion covers various types of alimony payments, from short-term support during transitions to longer-term arrangements, and explains how courts look at the whole financial picture.

Questions we answer in this episode:
• How do courts calculate alimony payments?
• What expenses can be included in alimony calculations?
• Can I modify my alimony after divorce?

Key Takeaways:
• Alimony is based on need and ability to pay, not just income differences
• Don't forget to factor in new expenses like health insurance and HOA dues
• Consider lump sum payments to avoid ongoing financial entanglement

Plus, we tackle several listener questions! From high-income scenarios to job loss situations, Seth explains how courts handle various real-world alimony challenges and what rights both parties have when circumstances change.

Whether you're facing divorce or just want to understand how modern alimony works, this episode provides essential insights into one of divorce's most misunderstood aspects. Seth and Pete's practical approach makes complex financial concepts accessible while offering strategies to protect yourself financially during and after divorce.

Links & Notes

• Schedule a consult with Seth
• Got a question you want to ask on the show? Click here!

• (00:00) - Welcome to How to Split a Toaster

Stay safe and sober this holiday season with Soberlink. Co-parenting can be challenging, especially when alcohol abuse is a concern. Give yourself and your family the gift of peace of mind during the holidays by using Soberlink's remote alcohol monitoring system. Improve trust, accountability, and communication in your co-parenting arrangement. Visit their site today to learn more and get $50 off. Happy Holidays from Soberlink!

Splitting Assets in Divorce: More Than Just Breaking a Toaster in Half

In this episode of How to Split a Toaster, divorce attorney Seth Nelson and Pete Wright tackle the thorny issue of dividing assets in divorce. As part of their P.E.A.C.E. Process mini-series, Seth and Pete break down what "equitable distribution" really means - and why it's about way more than just splitting everything 50/50.

Seth and Pete walk through the four key steps of dividing assets: Identification (what stuff do we actually have?), Classification (whose stuff is it really?), Valuation (what's it worth?), and Distribution (who gets what?). They cover everything from basic bank accounts to complex business valuations, and even dive into some surprising assets you might not think about - like vacation days and airline miles. Along the way, they share real-world examples that show why "fair" in divorce court might not match your definition of fairness.

Questions we answer in this episode:
• How do you figure out what's "yours," "mine," and "ours" in a divorce?
• What happens when one person tries to hide assets?
• Can my ex get half my frequent flyer miles?

Key Takeaways:
• Just because something's in your name doesn't mean it's all yours
• Personal goodwill (like your winning personality) isn't a marital asset
• Sometimes arguing for "fairness" means you've already lost

Plus, we tackle another listener question! A California resident asks about inherited money that got mixed into shared accounts and home purchases during marriage. Seth explains why following the money matters and how different states handle these situations differently (spoiler alert: location matters!).

Whether you're facing divorce or just curious about how courts slice and dice assets, this episode breaks down complex legal concepts into bite-sized pieces. Seth and Pete take a practical approach to help make this topic both digestible and surprisingly engaging.

Links & Notes

• Schedule a consult with Seth
• Got a question you want to ask on the show? Click here!

• (00:00) - Welcome to How to Split a Toaster

Reunification Therapy: Rebuilding Parent-Child Relationships During and After Divorce

Seth Nelson and Pete Wright welcome psychotherapist Gina Aguinaga to explore one of the most challenging aspects of divorce: repairing fractured parent-child relationships. As part of their ongoing "Your Divorce Case" series, this episode dives deep into reunification therapy. Gina, who specializes in helping families navigate difficult divorces and separations, brings her expertise to this crucial conversation about healing broken family bonds.

The episode examines the nuanced dynamics of parent-child estrangement during divorce, including both unintentional and intentional alienation behaviors. Seth and Pete guide the discussion through practical approaches to rebuilding relationships, from simple first steps like phone calls to the importance of maintaining presence at children's events. Gina shares insights from her therapeutic process, emphasizing the need to treat family issues holistically rather than focusing solely on the rejected parent and child relationship.

Questions we answer in this episode:

• What behaviors or situations typically lead to parent-child estrangement during divorce?
• How can parents start rebuilding damaged relationships with their children?
• When should families seek reunification therapy versus trying to handle issues themselves?

Key Takeaways:

• Start with small, manageable steps toward rebuilding relationships
• Focus on the child's activities and interests during reconnection attempts
• Address issues early - waiting only makes reunification more challenging

This vital installment in the children and divorce conversation provides essential guidance for parents navigating complicated family dynamics. Through professional insight and practical examples, listeners gain valuable strategies for maintaining and rebuilding parent-child relationships during the divorce process, making it a crucial resource for families in transition.

Links & Notes

• Find Gina and learn more about the reunification process at her website
• Schedule a consult with Seth
• Got a question you want to ask on the show? Click here!

• (00:00) - Welcome to How to Split a Toaster

Parenting Across Two Homes: Strategies for Success After Divorce

In this installment of our Your Divorce Case series, Seth Nelson and Pete Wright continue the conversation about parenting plans by exploring the realities of co-parenting children across two households after divorce. They are joined by Leanne Tran, a registered psychologist who specializes in working with children and families dealing with autism, ADHD, and learning disorders. Building upon the previous episode about crafting effective parenting plans, Seth and Pete dive deeper into the impacts of divorce on children and strategies for successful co-parenting, with a special focus on the unique considerations for neurodivergent kids.

Leanne shares valuable insights on the key factors that influence how children cope with the changes brought by divorce, such as the level of parental conflict, disruption to routines and sense of identity, and the emotional and behavioral signs of distress parents should watch out for. The discussion also touches on the additional challenges faced by neurodivergent children, who may struggle more with transitions, need for sameness, and sensory sensitivities. Leanne emphasizes the importance of parents being on the same page, providing consistency across households, and being mindful of the impact on siblings as well.

Questions we answer in this episode:

• What signs indicate a child is struggling emotionally with divorce?
• How can parents best support neurodivergent children across two homes?
• What should be considered when introducing a new partner to the family dynamic?

Key Takeaways:

• Changes in behavior, emotions, sleep, appetite, and interests can signal distress.
• Consistency, predictability, and catering to sensory needs are crucial for neurodivergent kids.
• Clear communication and gradual introductions help children adjust to new partners.

Through the lens of her expertise, Leanne provides valuable guidance for parents navigating the complexities of co-parenting, both for neurotypical and neurodivergent children. This episode offers practical tips and compassionate advice to help families thrive after divorce, building upon the foundation of a well-crafted parenting plan discussed in the previous episode. Tune in for insights that can make a real difference in your post-divorce parenting journey.

Links & Notes

• Find Leanne on Instagram, Facebook, YouTube, LinkedIn, and her website
• Listen to Leanne’s podcast Parent Like a Psychologist
• Schedule a consult with Seth
• Got a question you want to ask on the show? Click here!

• (00:00) - Welcome to How to Split a Toaster

Parenting Plans: The Foundation of Co-Parenting After Divorce

In this episode of How to Split a Toaster, Seth Nelson and Pete Wright dive deep into the crucial topic of parenting plans as part of their season-long series, Your Divorce Case. Seth shares his expertise on the essential components of a parenting plan and how they can help establish a solid foundation for co-parenting after divorce.

Navigating the Complexities of Parenting Plans
Seth and Pete discuss the key aspects of parenting plans, including parental responsibility, time-sharing, and addressing the unique needs of children at different ages. They explore how the court determines the best interests of the child using various factors and delve into the implications of relocation cases. The hosts also touch on the importance of flexibility and adaptability in parenting plans while maintaining clear and enforceable guidelines.

Questions we answer in this episode:

• What are the essential components of a parenting plan?
• How do courts determine the best interests of the child?
• What happens when one parent needs to relocate for work?

Key Takeaways:

• Parenting plans should be clear, unambiguous, and enforceable
• Flexibility and adaptability are crucial for successful co-parenting
• Substantial changes in circumstances can warrant modifications to the parenting plan

This episode offers invaluable insights for anyone navigating the complexities of divorce with children. Seth's expertise and Pete's thoughtful questions provide listeners with a comprehensive understanding of parenting plans and how they can help establish a strong foundation for co-parenting after divorce. By tuning in, you'll gain the knowledge and tools needed to create a parenting plan that prioritizes your children's well-being and fosters a healthy co-parenting relationship.

Links & Notes

• Schedule a consult with Seth
• Got a question you want to ask on the show? Click here!

• (00:00) - Welcome to How to Split a Toaster

Temporary Relief in Your Divorce

In the latest installment of the Your Divorce Case series, Seth Nelson and Pete Wright dive into the complex world of temporary relief. Join them as they explore what temporary relief is, who it helps, who it hurts, and why it matters in the grand scheme of your divorce proceedings.

Navigating the Choppy Waters of Divorce

Seth and Pete break down the concept of temporary relief, a legal lifeline designed to keep families afloat during the tumultuous divorce process. They discuss how temporary relief can address critical issues like parenting plans, alimony, child support, and attorney's fees. The hosts also delve into the pros and cons of seeking temporary relief and the potential impact on the final outcome of your case.

Questions we answer in this episode:

• What is temporary relief and how can it help during a divorce?
• How do you request temporary relief and what can you ask for?
• What are the potential drawbacks of pursuing temporary relief?

Key Takeaways:

• Temporary relief can level the playing field in contentious divorces
• Requesting temporary relief involves filing motions and attending hearings
• Seeking temporary relief can be costly and time-consuming, so weigh the pros and cons

Seth and Pete emphasize that while temporary relief can provide much-needed support during a divorce, it's crucial to consider the financial and emotional costs involved. They offer valuable insights into the strategic decisions you'll face when contemplating temporary relief in your own divorce case.

This episode is a must-listen for anyone navigating divorce. With their trademark wit and expertise, Seth and Pete provide the guidance you need to make informed decisions about temporary relief and protect your interests during this challenging time.

Links & Notes

• Schedule a consult with Seth
• Got a question you want to ask on the show? Click here!

• (00:00) - Welcome to How to Split a Toaster

Meet the Key Players in Your Divorce

In this seventh installment of the "Your Divorce Case" series on How to Split a Toaster, Seth and Pete dive into the various court personnel and professionals you might encounter during your divorce proceedings. From judges to forensic accountants, they break down the roles and responsibilities of each key player, helping you navigate the complex world of divorce court with greater ease and understanding.

Throughout the episode, Seth and Pete discuss a wide range of court personnel, including trial judges, appellate judges, judicial assistants, bailiffs, court reporters, and clerks of the court. They also explore the roles of professionals outside the courtroom, such as divorce attorneys, paralegals, forensic accountants, guardians ad litem, mediators, and more. By understanding the function of each individual, you'll be better prepared to work with them effectively throughout your case.

Questions we answer in this episode:

• Who are the key players in a divorce case, both inside and outside the courtroom?
• What roles do court personnel and professionals play in the divorce process?
• How can understanding these roles help you navigate your divorce more effectively?

Key Takeaways:

• Familiarize yourself with the various court personnel and professionals involved in your case.
• Understand the responsibilities of each key player to work with them more effectively.
• Respect and be courteous to all individuals involved, as their actions can impact your case.

As part of the "Your Divorce Case" series, this episode is a must-listen for anyone going through a divorce or considering one. By gaining a clear understanding of the key players in your case, you'll be empowered to make informed decisions and work more productively with your legal team. Seth and Pete's insights will help you feel more confident and prepared as you navigate this challenging process.

Links & Notes

• Schedule a consult with Seth
• Got a question you want to ask on the show? Click here!

• (00:00) - Welcome to How to Split a Toaster