2021 - Next Step Divorce Solutions

Divorce SupportAugust 23, 2021

Taxes and Divorce

Understanding the tax code is a full-time job, but it’s imperative that you understand how your divorce decree impacts your tax situation. There are a few main things you should be familiar with as you negotiate.

Tax Filing Status

Your tax filing status is dependent on your marital status on December 31^st of each year. If you are mid-divorce you will need to file your taxes as Married Filing Jointly or Married Filing Separate. If you finalize your divorce on December 30th you will have to file as either Single or Head of Household. Each one of these filing statuses comes with its own breakdown of income for each of the tax brackets and some nuanced rules around credits and deductions allowed and to what level. If you are in the process of getting a divorce and there are children involved, make sure you understand the difference between Head of Household and Single filing status. You can speak with a Certified Divorce Financial Analyst® for a high-level overview, but your CPA or accountant can guide you in the specifics. As you change tax filing status’ make sure to adjust the withholdings on your paystub by updating your W-4 so that you are withholding the proper amount for taxes.

Tax Credits

There are a few important tax credits to highlight in divorce, especially for the 2021 tax year. The Child Tax Credit and Child and Dependent Care Credit are two credits that often come up in divorce if children from the marriage are involved. Typically, the primary parent, usually the one claiming Head of Household, would claim both credits if they qualify however the non-custodial parents (or the one that has the child(ren) less time) could negotiate that the child tax credit be transferred or alternate. Why is this valuable? A credit is a dollar-for-dollar reduction in your tax bill. The maximum child tax credit is $2,000 per child up to certain income limits. In 2021, thanks to the American Rescue Plan passed by the Biden Administration in early 2021, there is an additional $1,000 per child ages 6-17 and an additional $1,600 per child ages 0-5. The 2021 additional credits are limited to lower tax brackets than the standard child tax credit, and your tax filing status matters in determining what that threshold is. This could be quite substantial! Be aware that these additional tax credits are also getting partially paid out in the second half of 2021. They are not stimulus payments so you need to understand how you will file for 2021 to determine whether you may have to repay those credits. There were also major increases to the Child and Dependent Care Credit, for some, it could be as much as an $8,000 credit! For more information contact your local Certified Divorce Financial Analyst® or CPA to understand how these changes may be impacted by your decree.

Ordinary Income vs Capital Gains

When you divide investment assets in lieu of a divorce the transfers themselves don’t normally cause any tax implications, but if you need to begin accessing funds from those assets to live on or make a large purchase then tax implications will come into play. As you negotiate your settlement make sure you are aware of your short- and long-term needs because it may adjust how you should approach the property division. There are two types of tax that could come into play if you sell an asset, the first is capital gains. Currently, most people fall in the 15% capital gains bracket however it can be higher if you are in the top tax brackets. This tax comes into play in the sale of a home or investment property or if you sell from a non-retirement investment account. You pay the tax on the amount of the gain, which is the difference between the value at the time of sale and what you paid for the asset. The second type of tax is ordinary income. Ordinary income is the tax you pay on all income including any distributions from pre-tax retirement accounts, like a 401(k), IRA, or annuity.

As you can see taxes are complex and have a lot of moving parts. As you negotiate your divorce settlement be sure to understand how your decisions will impact your tax situations now and in the future. For more guidance contact your local Certified Divorce Financial Analyst® and CPA for guidance.

Divorce SupportJune 22, 2021

Top 3 Financial Tactics to Plan for Your Divorce

Divorce does screwy things to a person’s head. The once intelligent together woman that you were turns into an emotional, brain-fogged, unorganized basket case. I’ve seen it first hand. You try really, really hard to keep it together but you know this will not go down as ‘the best of times.’ You want to sit down and get it together and plan your future but feel paralyzed and surrounded by a pea-soup fog of indecision.

What’s a person to do?

Well, first, see your reality and get ready to do something about it.

ADMIT WHAT YOU DON’T KNOW

When it comes to the family finances, what’s your role? Do you handle the bill paying? Are you “in the loop” on all your investment accounts, retirement plans, bank accounts, etc. or are you in the dark? If you’re in the dark, you need someone to help you turn the lights on – and fast! If you and your spouse are cooperative, ask for statements on all your asset accounts and your most recent tax returns so you can find a CDFA® to help you out and bring you up to speed. If you can’t access information that’s okay a CDFA® can help you think of ways to get some information or we will work to obtain it through Discovery, which is now required in the state of Texas. A CDFA® is specially trained in the financial aspects of divorce and will be your best friend in this process! He/she’ll clear out that brain-fog with determination of those West Texas Winds!

THINK ABOUT YOUR FUTURE

This is hard at first, but start thinking about what the next phase of your life looks like. Unfortunately, this has to happen at the same time that you are grieving what you thought the next phase was going to look like. But if you allow yourself some space, it can actually be fun. You now have the chance to start from scratch. What did you used to dream of doing that got lost while you were married? Is it time to go back to school? Maybe a cool downtown loft condo should replace that huge family home that you had to keep clean. Whatever you dream of, you have to have your budget and financial picture top of mind. So the step above has to come first so your dreams don’t outsize your wallet!

BUILD YOUR SINGLE FINANCIAL IDENTITY

Often through marriage all the credit cards, mortgages, loans, etc. are in the names of both spouses. All of those accounts will have to be closed or converted. After the marriage is over, your credit picture may not be nearly as strong, so you want to be sure to put some things in place while you’re still married. Immediately open a checking and savings account in your own name to begin the process of establishing your own financial identity. Next, find a good rewards credit card to apply for in your name alone so that you will be assured of having access to credit post divorce and maybe even during if legal fees are necessary.

These steps seem small but are valuable first steps to get you thinking financially and looking out for your future. You can get through this but a little help from a CDFA® friend is a great place to start.

Divorce SupportJune 14, 2021

#1 Rule in Getting a Divorce

In Texas we often make our own highway exits. If you have ever driven Interstate 10 through Texas you may notice there are spots that may look like an emergency exit, or well-traveled spot off the highway, but we all know that is just where Texans believe the exit SHOULD be. You may be asking yourself how this applies AT ALL to Divorce? More than you might think…

In working with women navigating the divorce process there are a few things that I try to keep reminding them. The most important, THIS IS YOUR DIVORCE. However, when you begin to bring in other professionals, like Attorneys, Certified Divorce Financial Analysts, Business Valuators, Parenting Coordinators or Custodial Evaluators, Mediator, or a Therapist the two people that are getting the divorce can become silenced by so much direction and input. By no means am I saying you may not need some or even all of these professionals giving you direction but it is extremely important that you remember YOU are in the DRIVERS SEAT.

You are the one that has to live with the outcome of your divorce, you and possibly your children. If you keep in mind that you are in the driver’s seat and there is ever a point you need to exit the highway, whether it is a standard exit or not, don’t be afraid to “go Texan” and deviate.

This can be necessary if you feel you started with the wrong professionals to begin with.

I have worked with women that feel stuck with an attorney they started with because they already paid a retainer. If you find yourself in this situation don’t be afraid to interview some new attorneys. Hiring the wrong attorney can make the entire process more challenging than it needs to be.

Remembering you are in the driver’s seat of your divorce is also important in HOW you choose to get divorced. There are other ways to get a divorced that doesn’t always involve an attorney. Now, I enjoy working with attorneys and believe they are extremely beneficial to have in a case. However, you may find a single consult is all you need, and seeking the assistance of a mediator is more advantageous for you. If you are moving in one direction, you are not locked in! Take a step back and assess what process would really work best for you. Mediation is a wonderful solution especially if you want to negotiate a more creative divorce settlement.

Again, YOU ARE IN CONTROL of your DIVORCE! Repeat after me,

I am in control of my divorce. If necessary don’t be afraid to “Go Texan” and deviate on your own exit.

Divorce SupportMay 24, 2021

Was it Really a Fairy Tale?

As a little girl I had created my own little fairy tale life of marrying my high school sweetheart, having kids, and settling down young…and living happily ever after. Welp…that’s not how it went down at all, but it doesn’t mean I didn’t try to take control and make sure my story came true just the way I had planned.

Nearing the end of high school, I started dating someone that seemed smitten with me and seemed to care a lot. Unfortunately, what I saw as protective was actually possessiveness and jealousy. If you know those character traits in a relationship you can probably see where this is going. After four years of struggling, I was fortunate enough to get out before it was my permanent lifestyle. With that relationship ending, so too was the death of the only fairy tale I had imagined.

I. Was. BROKEN.

For years it was whispered, and yelled, in my ear that I was HIS whole world…that nobody would ever love me the way HE could. My understanding of love and affection was so backward, and I knew it, but it didn’t mean the fear of being alone and unloved wasn’t real. I felt empty and completely alone and misunderstood. I wanted to be alone in my despair but inside I was screaming for help, helpless in my dark pit.

“I waited patiently for the Lord to help me, and he turned to me and heard my cry. He lifted me out of the pit of despair, out of the mud and the mire. He set my feet on solid ground and steadied me as I walked along.” Psalm 40: 1-2

One day the veil just lifted, and I discovered I was strong and capable. I was a little (a lot) pissed off too and wasn’t afraid to show it! Through it all I discovered how to move forward. I prayed, a lot. I can’t say there was one defining moment that changed my world from darkness to light, and trust me more bad choices were to follow, but I was OKAY. I would be okay.

I consider myself fortunate that my “fairy tale” relationship was short lived and ended in a 20’s break up saga not a legal battle and divorce. If that’s you, I can’t say I truly understand what you are feeling but I would venture that there is a part of you that is grieving what was supposed to be, and maybe a little (or a lot) pissed off that it didn’t go as planned. When the Jews were living in exile in Babylon the prophet Jeremiah wrote “For I know the plans I have for you, declares the Lord, plans to prosper you and not to harm you, plans to give you hope a future.” Jeremiah 29: 11

A lesson I feel I have learned and re-learned is that my plans may seem wonderful and perfect, but not only are God’s plans better and right, they are normally WAY MORE than what we could ever imagine or dream for ourselves. If you are in the thick of the pit, hold tight to Christ; he will meet you where you are and lift you out of your pit of despair.

Pre DivorceApril 19, 2021

How A Pre-Nuptial Agreement Can Save Your Marriage

This guest post is offered by former Family Law student Rachel E. Barron of Bloodworth Law Firm, PLLC, and was originally posted on the Regent Family Restoration blog.

Pre-Nuptial Agreements, or “prenups” have a bad reputation for being a document that people only get before marriage because they either: assume the marriage will not last, or, because they do not fully trust their future spouse. Unfortunately, this bad reputation has placed such a stigma on prenups that many people believe that it is better to not get married than to marry someone who is asking for a prenup. This is not only a potentially bad decision financially, but it can also spell disaster for the potential relationship quality of a couple. This blog will go through two myths and misconceptions people have about prenuptial agreements.

Myth One: “I don’t have significant assets, so a prenup would be a waste of money.” Financially speaking, prenups are well-known to be a common method of protection for individuals who are well-off financially prior to marriage. A prenup is generally a good idea, even if you do not have significant financial assets, and especially if you live in a “community property” state. In Texas for example, there is a presumption that any property acquired during a marriage is “community property,” regardless of the source of funding used to acquire the property.[1] This presents a problem, because it requires someone claiming separate property to prove the property is separate by tracing its origins, and that generally requires litigation. I can affirm that this process is expensive, and litigants sometimes spend more money proving their separate property, than they would have paid for a prenup. If you have any property that carries a license, title, or deed before getting married, including bank accounts, investment funds, a vehicle, or real estate, you need to speak to a licensed attorney, and probably a financial advisor about how a prenup can protect your assets. Prenups can also minimize litigation over issues like spousal maintenance, or alimony, and division of liabilities. Here’s the bottom line: no one buys insurance expecting to actually use it, but it is a huge relief when it is needed, because you’re covered. Prenups work much like insurance; for a relatively low “premium,” you can save a small fortune if litigation is needed. In fact, speaking from someone who has spent the better part of the last decade composing invoices for divorce litigation, prenups can be the wisest “insurance” available.

Myth Two: “A prenup means I don’t trust my future spouse.” A prenup is not about a lack of trust. Rather, it is about being a good steward of what you have. Stewardship is not simply about finances or property; it is also about your relationship. A prenup by nature is a contract. The beauty of the contractual nature of a prenup is that, barring state rules, you can put almost anything into the document you want, provided that it is not illegal. The reality of marriage is that it is not only one of the most beautiful gifts God gave humanity, but it is also hard work. There are no two, perfect people, and there is no perfect marriage. It is not a question of “if” hard times will hit, it is a question of “when.” A prenup can help prepare you for when those hard times come up. Every human has a pre-disposition towards “fight” or “flight.” Personally, I have a “flight” response. I despise confrontation (ironic for a future family law attorney, I know!) My husband is also, very anti-confrontational. Despite how well we balance one-another out, that’s a bad combination. In fact, Psychology Today™ argues that until we “do the work,” we are doomed to “recycle” our bad habits.[2] For my husband and I, a propensity to flight, nearly ended our marriage. We had to lower our own egos to allow ourselves to be humble enough to do the work. My husband and I do not have a prenup; but we both think that a prenup is a good idea for any couple who is considering marriage, and it is precisely because of our own experience, and how easy it was for both of us to ignore the problems until they exploded, after which a divorce was an easy solution.

Counseling can also minimize your chances of divorce, so a pre-divorce counseling requirement written into your prenup can be most helpful. I don’t mean simply saying “We agree to go to counseling before filing for divorce.” I mean, a detailed, spelled-out disaster response plan. Meet with your pastor, or current couples’ therapist. If you don’t have a couples’ therapist, get one! If you need a recommendation, contact your pastor to find a therapist who has the same belief-system as you and your future spouse. If you are not religious, find a therapist who specializes in couples’ counseling and who has good reviews from current, and former patients. The professional you choose can help you jointly craft a plan that works for your relationship.

Another consideration is to add a requirement that prior to filing for divorce, you both must attend, and successfully complete a Marriage Intensive Program through The Smalley Institute. The Smalley Institute provides a 3-to-5-day Marriage Intensive Program, that is designed to identify issues, and help you and your spouse communicate in a safe space and learn the tools to communicate well at home. The program is usually booked at least 8 weeks out, and it is not cheap, but it is worth the price, and the wait. I do not receive any referral payment, endorsement monies, or other incentive for referring you to this company, but I have seen them save several couples that I know from what even I believed to be an irreparable situation.

By carefully planning how you will resolve potentially detrimental conflicts before you say “I do,” both you and your future spouse can ensure that your marriage has the best chance for survival, and that your relationship actually survives “until death do[es] you part.”

Divorce Support, Pre DivorceMarch 26, 2021

The Top 3 Foolish Divorce Settlement Mistakes

When you are facing a life changing decision like divorce, what do you think you will find more valuable: Someone to make you feel better by saying that nothing has to change, or someone who will give it to you straight? It worries me that not enough people in the world of divorce professionals will truly tell it like it is. They tell you what you want to hear, which can lead you to make some big mistakes. Easily avoidable mistakes: Mistakes that need not happen!

This process is not easy but I want to properly prepare you for the tough decisions you will have to make. When necessary, I will tell it just like it is. Your household income as a couple will now be supporting two households, so yes, things will change. Let me guide you through that change with some simple points.

Here are a few things that I see when it comes to divorce. Settlements are agreed to (and sometimes even ordered by a judge!) then the people come to me after-the-fact confused and bewildered and I read through their decree and just shake my head. Please, please, please – don’t make these mistakes!!

#3 – The settlement doesn’t take taxes into effect – AT ALL!

We all know that Uncle Sam will dive into our pockets at every opportunity. Absolutely do not agree to a settlement without knowing and understanding the tax implications! What people often find is that the tax burden on their half of the marital assets is significantly higher than their spouse’s, making their “half” of the assets worth significantly less than they thought. More specifically, don’t expect your attorney to do this! Attorneys are not accountants or financial advisors and unfortunately there are some that won’t bother to warn you of that or emphasize the importance to consult with one.

#2 – Pensions are split 50/50 but no one knows what that really means.

Over and over and over I see divorce decrees that order pensions split 50/50 but no one has any idea what will actually happen or any clue as to what the pension is actually worth. An ‘X’ marking a 50/50 division with no dollar associated with it is not a proper division of a pension. You need to get answers to several questions like, when can you start collecting? Is there an option to take a lump sum? Will there be a cost of living increase each year? What if you or your spouse dies? Will it keep paying? Will it double? When I ask these questions, no one has ANY IDEA what the answers are? Really? How can you possibly agree to a settlement without understanding something so crucial to your retirement? Again, do not expect attorneys or mediators to be of much help here. Every Pension is different, and you need to have someone guide you through answering these questions for the specific pension in question.

#1 – Drum Roll – The biggest mistake I see is keeping a house you can’t afford.

I understand you can get emotionally tied to the family home and really want to stay. Before you even consider this option, you must do a budget. I also strongly suggest you meet with a financial planner and more specifically a Certified Divorce Financial Analyst®. I have witnessed where one or two years down the road the spouse who “won the house” has run out of cash and realized that they can’t sell a window to put food on the table, they can’t refinance because now they don’t have enough income, and they have no choice but to sell. The selling costs are about 8% of the sale – all of which would have been split 50/50 with the ex if they had sold as part of the divorce. The primary home is normally one of the bigger assets to split, before agreeing to keep or not keep the house make sure to do your homework and consult professional guidance.

As a Certified Divorce Financial Analyst® my goal is to help bring to light those things “you don’t know, you don’t know”. The purpose of the points above is to outline that there are areas where big and costly mistakes can be made, even in “simple” cases. Do your homework and seek advice before agreeing to any settlement. Don’t go this alone. You only have one chance to get it right! Let us at Next Step Divorce Solutions help you.

Divorce Support, Pre DivorceFebruary 24, 2021

Divorce: How to Keep Your Money

As soon as you begin to contemplate divorce, the nauseating, panic-attack-inducing realization of losing half of your net worth and then having to figure out how to manage it all kicks in and you find yourself wondering if it’s even worth it to consider leaving if you’re just going to end up broke and starving.

There are ways to ensure that your financial future is not destined for disaster. First and foremost, be sure you involve a financial advisor that specializes in divorce, a Certified Divorce Financial Analyst® to be precise, on your team so that you will be fully informed of all the creative settlement possibilities that may be open to you.

A couple married 24 years were referred together to a colleague for assistance with their divorce. They had gone to an attorney together and were completely amicable. The attorney made it clear that he could only do their document preparation since he was ethically bound to represent only one party. That was ok, but they asked how they would determine their property division. He responded, “This is a community property state so we’ll just divide each asset and each debt exactly 50/50.” The couple just didn’t feel like that was the smart thing to do. They were referred to the CDFA®, Certified Divorce Financial Analyst®, to explore options.

After gathering all of their financial documents and completing the analysis, the CDFA® put together two reports for the clients. The first reflected an exact 50/50 split as the attorney had suggested. The second was a creative settlement solution that also resulted in a net 50/50 split but took into consideration tax planning and consequences as well as the needs of each party as they planned for the next phase of their lives. One of the most crucial pieces that is often left out of negotiation talks is finding out what each party needs to be okay post-divorce. This step requires a financial advisor who understands the importance of forward planning and can identify those creative solutions that considers taxes and the desires both short term and long term of each party.

This couple had less than $800k in total net worth and the creative settlement solution resulted in an additional $20,000 EACH to their bottom line just because some financial intelligence was used to determine their settlement. That’s real money! Needless to say, the couple was thrilled knowing that they saved $40,000!

Don’t go into this blind. There are so many ways to ensure that both of you get to keep more of your own money and that you negotiate for the money that is right for your situation and your needs. Get the right experts on your team. We’d love to help you! Call us today.

Divorce Support, Pre DivorceFebruary 12, 2021

Creating a Fair Divorce Settlement

As soon as you decide that divorce is a potential reality, immediately your thoughts will turn to your future and fears of your new reality. “I can’t support myself.” “I haven’t worked in 20+ years.” Or “How much of my income will I have to give up supporting my spouse and the kids?” “I’ll be living in poverty!” A world of unknowns reveals itself in an avalanche of financial and emotional realities that must be dealt with. Despite the stereotypes around vindictive nasty divorces, my experience is that many couples truly and sincerely want what’s fair for all involved.

The problem here is that every person’s idea of fair is different. Depending on how much emotional wounding may have happened in the marriage, perceived wrongs that demand to be righted, apologies that remained unspoken, “fair” may be on the peaks of two separate mountains cut deeply by a river of conflict and resentments. This is the simple truth that has created a multi-billion-dollar divorce industry. I think there is a different answer.

What if you let go of the need for fairness? I know, sounds crazy but try this on for size. What if each party didn’t worry about what the other person was getting and sat down with a Certified Divorce Financial Analyst® and simply figured out what they need for themselves to be able to be ok? You may find that what’s important is not getting everything equal but keeping certain things that are important to you. Consider this example, what if everything up for division could be depicted by a jar of marbles. You may find that you really care less about receiving the exact same number of marbles because what you really want are all the green marbles or all the small marbles and your spouse wants all the red marbles. Now coming to the table can look a lot different. Now, consider that you sit down with a mediator and start there? Maybe it’s not exactly equal. Maybe it’s not “fair” but it’s creative. Maybe it just works! For everyone involved! Now that is a win/win solution!

Focus on the next phase of your life and how you can move on in a healthy happy way that will preserve your family unit for the future. My goal is to help you be the best divorced family you can be, because you’re still a family.

UncategorizedJanuary 19, 2021

Divorce Mediation: What you Should Know

Most people facing a day in court would avoid it if they could. When facing divorce, that urge is just as strong. If you are considering divorce you need to also consider HOW you want to go through your divorce and know that you do have options. The first option you may want to consider is mediation. For the remainder of this article, I will be focusing on private mediation, likely with a non-attorney mediator, outside the litigated process. Using the private mediation process helps you and your partner reach a mutually beneficial divorce settlement.

So, Why Mediation?

Besides the whole, court avoidance thing, if you have children, jointly owned real estate, and investments, mediation may be the wisest option for you. Once you have decided on a divorce, the next step is to decide how to split up your assets and set child custody, support, and visitation rights. A mediator is an impartial third party that guides a couple in the negotiations preceding the actual divorce.

Unraveling your marital ties is a very emotional thing in addition to the trust issues and hurts. During this time, many of us find it hard to stay rational, and a mediator can help you both reach the point where you can agree and compromise on important decisions. While a mediator can’t give legal advice, they can teach you to communicate more efficiently. In a situation where you both desire to reach an amicable agreement and can stand to be in the same room, mediation may be the right choice for you. You can even conduct mediation over the phone or video conference if needed.

Mediator, Take the Wheel?

If you do choose mediation as an alternative, you still need to be prepared. Divorce court is not a place to fly by the seat of your pants. Neither is the divorce mediation. It still comes with much of the stressful procedures of a typical case. And if you go in unprepared, you may lose out on the settlement that you desire.

Mediators only work with you and your partner to settle the important decisions a divorce forces you to make. They will not tell you what you should do. Nor will they make decisions for you. So, think about what you want your life to look like when this process is done. And focus on what you need from the separation to get there.

Meeting with Your Divorce Mediator

When you go to your first meeting with your divorce mediator, bring a list of all your jointly owned assets, a valuation of your home, copy of a prenuptial agreement if you have one, copies of income tax returns, and retirement account statements. Take a notebook and pen and don’t be shy about asking questions.

Write down everything you need to remember and talk about fees. This is where having a financial expert like a CDFA® becomes paramount to the mediation process. The first meeting with a divorce mediator will be to assess your situation, get a feel for the chemistry between the couple, and to get to know the mediator. Keep in mind that not all mediators are created equal; you want to work with a mediator who has a good understanding of divorce issues and some legal understanding. That first meeting may be done together or individually.

Although the mediation is held in an office or meeting room, it should still feel like an informal atmosphere. The mediator strives to create a relaxed situation so that both partners can remain calm. One of the main goals of the mediator is to help the couple find creative ways to communicate and reach an agreement. Especially if strife does exist between the couple. There’s no set frequency for a session because every divorce is unique. Some couples find they only need a few sessions, while others may need more.

Choosing mediation doesn’t necessarily mean not choosing to work with an attorney. It is important that you understand your legal rights throughout the divorce process. Some attorneys may be able to give some guidance through just consulting without having to formally retain their services. Mediation is not for everyone, but it does serve many. Ultimately, being able to avoid court will make for a better day for the whole family.

For more information or questions please contact Next Step Divorce Solutions.

Divorce Support, Pre DivorceJanuary 11, 2021

Common Money Mistakes Made During Divorce

For most people, the divorce process is emotionally draining and mentally exhausting. Many people describe it as a time of being frozen, numb, being in a mental fog, or moving in slow motion. Despite that emotional and mental trauma, you will be expected to go through your finances with a fine-tooth comb to ensure that your settlement agreement is fair and equitable. With divorce brain, that’s easier said than done, even for the financially educated!

Even if you feel like you are clear headed, here are a few of the most common money mistakes to look out for when getting divorced.

Underestimating post-divorce expenses.

You will be asked to do a financial disclosure that reflects your expenses AFTER the divorce. It is critical that you are realistic and don’t leave anything out. This information will be used to determine if spousal maintenance is necessary or not. You must be sure to include everything from your health care deductibles to anticipated home repair charges for the roof you need to replace next year. If you underestimate your expenses by $200 per month, that’s $2400 per year. Where are you going to get that extra money? When you’re the primary breadwinner this mistake could lead you to agree to pay maintenance that you ultimately can’t afford. A Certified Divorce Financial Analyst™ will help you scrub your affidavit for errors and make sure that you don’t leave anything out.

Believing that your attorney will handle everything.

Your attorney is an expert in the law, not finances. Would you ask your doctor for advice about your car? No, so why would you expect your attorney to be an expert in finances? The attorney’s job is to ask you to fill out your financial disclosure and take your word for it that it is correct. A good attorney will glance over it looking for any glaring errors but that’s about it. The most commonly miss-valued asset is a pension. In some situations, the value has been left out all together and just assumed as a 50/50 split. There is so much wrong with that solution, but most people don’t find out until it’s too late. This is crucial when in some cases the pension is the most valuable asset in a marriage. I often see attorneys accept a present value statement from a pension as the correct value to include as marital property. It’s not. Not by a long shot. A CDFA® can value it properly and make sure that tax ramifications are considered as well.

Not Understanding Tax Implications

Not all assets are created equal. This is at least a common understanding however I still regular see houses be trades for equity in a 401k. Not only do you need to understand the tax ramifications of that decision, that taxation on a home is different than taxation on a 401k, but also what quick cash you will need to get back on your feet and how you will access it. Getting cash out of a home is not easy and requires equity and the ability to refinance. Getting cash out of a 401k may be easier than the home BUT there are tax ramifications and it also takes time, in some cases months, through the Qualified Domestic Relations Order (QDRO) to access the funds. You need to at least have a basic understanding of the after-tax settlement division.

Letting attorneys do the talking for you.

The more you and your spouse can work out by just communicating, the more money you’ll save. I’ve seen many couples that could not bear to be in the same room, but consider the cost. If you have your attorney relay information to the other spouse’s attorney, you’re racking up bills upwards of $600 an hour because you refuse to talk. This makes sense to no one. Get over any anger and talk about what will work.

Letting your emotions make your decisions.

So many people going through divorce just want to “get it over with.” This is not the time to just throw your hands up and agree to a settlement just to be done with it. This kind of thinking is why divorce so often leads to bankruptcy! A 50/50 split of assets is almost NEVER a truly equitable settlement. So, put the emotions aside, talk to your spouse. Take your time and make sure you thoroughly understand what your future will look like after your divorce and be sure to hire the right experts to help you.

To avoid making financial mistakes in your divorce contact Next Step Divorce Solutions today to speak with a Certified Divorce Financial Analyst®.

-Tessa Elrod, CFP®, CDFA®

Yearly Archives: 2021