Creating a True Win-Win Solution for The Millers

** Names and identifying details have been altered to maintain client confidentiality. **

The Millers:

  • Have two children: 20-year-old Robert and 14-year-old Lexie.
  • Had to relocate frequently for Dave’s job but lived in Bedminster, New Jersey, for the last 4 years of their marriage.
Dave Miller, 54
  • Director of Business Development for a Swiss-based pharmaceutical company.
  • The primary breadwinner, earning a base salary of $325,000 per year with a potential 30% bonus.
  • Planned to return to Switzerland once the kids finished their school year, and the divorce was finalized.

Jennifer Miller, 52

  • Managed the household and was the primary caregiver for the children.
  • Had a bachelor’s degree in accounting.
  • Wanted to stay in Bedminster and return to work once their youngest child graduated high school.
Divorce-after-Long-Marriage-Case-Study

Key Benefits:

Deferred equity buyout

Bracketed support approach

Child-focused agreement

Please note: While this case study highlights select issues we helped the couple resolve, we assisted them in resolving all aspects of their divorce negotiations.

Dave and Jennifer's Challenges:

As the primary breadwinner, Dave's career required frequent relocations throughout their marriage, which strained his relationships with Jennifer and their children.

Jennifer had grown tired of moving every few years and wanted to establish a permanent residence for the family. She loved their Bedminster home and wished to stay there until, at minimum, Lexie graduated from college. However, she was unsure how she'd afford the home on her own or be able to refinance it solely in her name. She was also uncertain about her job prospects and earning potential.

Dave, having reached the pinnacle of his career and income, worried about his long-term job security and ability to maintain his current earnings. His main challenge was figuring out how to financially support Jennifer and the children, while also ensuring he had enough funds to sustain himself throughout his retirement years.

 

Step One: Look for the issue behind the issue

Dave and Jennifer felt like their contributions to the family and their sacrifices weren’t appreciated. So it was important that we helped them understand each other’s perspectives.

We created a safe, non-judgmental space for them to share their concerns and what they wished their spouse recognized.

For the first time in years, they were truly listening to each other – paving the way for effective negotiation.

 

Step Two: Uncover their wants and needs

Once we cleared the conflict and validated each of their positions, we led Dave and Jennifer through an interest-based negotiation. Of which, a key component was a comprehensive marital lifestyle review and cost of living analysis, as well as a post-marital budget and income analysis.

Once we were able to uncover their wants and needs, identify their zone of agreement, and determine what would actually be possible, we were able to guide them to a fair outcome which met each of their goals for the process.

 

Step Three: Develop interest-based solutions

As a result of our negotiations, Dave and Jennifer agreed:

  • Jennifer would maintain the home, make the mortgage payments, and either sell or refinance the home in her name within 8 years or upon remarriage - whichever came first. And at that time, she would giving Dave 50% of the net sale proceeds.
  • Until that time, Dave would stay on the mortgage so Jennifer wouldn’t have to worry about refinancing. Dave would delay receiving his share of accumulated home equity.
  • Dave would pay higher amounts of support to Jennifer and the kids for a shorter duration.
  • The agreement included built-in modifications to child support and spousal support that would automatically take effect when specific circumstances changed. This proactive approach eliminated the need for future mediation or litigation to adjust support as Jennifer’s earnings came online.

Resulting in a win-win agreement that benefited everyone


The agreement for Dave and Jennifer to co-own the house for 8 years created multiple benefits:

  • Both would profit from the home's expected increase in value. Giving Dave an incentive to stay on the mortgage, and Jennifer avoiding having to refinance the home at an unfavorable rate.
  • Dave could retire early while Jennifer could continue living in her beloved home and have time to rebuild her career.
  • The children would have a more permanent place to call home.

This arrangement truly satisfied everyone's needs, making it a win-win solution.

Equitable Mediation proprietary techniques used:

  • Marital Lifestyle Review & Cost of Living Analysis
  • Post-Marital Budget & Income Analysis
  • Tax Implication Analysis of Property Division
  • Child Support Change of Circumstance Scenario Planning
  • Alimony Change of Circumstance Scenario Planning
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Significant cost savings


Dave and Jennifer's mediation fee was $6,900 - less than half what two attorneys quoted in retainers alone ($15,000). Through pre-planned support adjustments, they also saved $2,000-$6,000+ in future legal fees, while reaching a complete agreement.

Ready to take the next step?

When the financial and emotional challenges of divorce feel impossible to deal with, we’re here to help. We’ll guide you to come up with an agreement that truly takes care of you, your spouse, and your family.

So you can move forward with confidence.

Schedule an Initial Meeting

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