WAYS TO KEEP FROM SCREWING UP YOUR DIVORCEBy Ginita Wall, CPA, CFP
The only thing worse than a bad marriage is a bad divorce. Unfortunately, many people going through divorce torpedo their future financial well-being. Don't let that happen to you. Here are ten things you can do to keep from screwing up your divorce.
- Get Professional Help
It may appear cheaper to
settle your divorce without
attorneys, but the expensive
legal battle between the widow
of Grateful Dead leader Jerry
Garcia and Jerry's ex-wife
over their marital settlement
showed what can go wrong if
you negotiate your own divorce
and execute the documents yourself.
Use a mediator to help you
negotiate a settlement, and
your therapist to help separate
economics from emotions. But
before you sign, be sure your
final settlement is reviewed
by an attorney experienced
in family law.
- Get Your Share
Divorce is an uphill battle, but don't give up too soon-you are entitled to half of everything you acquired during marriage. It may be tempting to give in to get it over, but remember - it's your financial future at stake. Be clear on your position on two or three big issues, then be prepared to make concessions on the issues you care less about.
- Get Insurance
If you are receiving child support or alimony, it will end when your ex-spouse dies or is unable to work, so you need life and disability insurance as protection. If your children live with your ex, you may need life insurance on her to provide funds to help care for the children if she dies.
- Terminate Joint Debt
Even if your spouse agrees to make all the debt payments, the credit card company can collect from you if you signed the application. Axe joint card accounts, and re-execute or refinance mortgages so that only the spouse responsible for making the payment is on the hook for the debt.
- Consider Taxes on Support.
If you receive alimony, set aside a portion of the money you receive each month so that you can pay quarterly estimated income tax payments. As an alternative, ask your employer to increase your withholding to avoid paying quarterly. If you are the one paying support, increase your paycheck by increasing the exemptions you claim at work. You can claim one additional exemption for each $2,500 of alimony you pay.
- Transfer Retirement Assets
If you are receiving a portion of your spouse's IRA or other retirement account as part of the divorce settlement, effect the transfer as soon as possible. For IRAs, contact the IRA custodian to find out what paperwork they require. All retirement plans other than IRAs require a Qualified Domestic Relations Order to make the transfer. The QDRO is best drafted by a skilled attorney or actuary. Delay in drawing up the QDRO can be deadly if the employee spouse dies, so get the paperwork done as soon as you can.
- Rev Up Your Retirement Planning
No matter what you've saved for retirement during the marriage, after divorce you'll have only half of what you had before, and that's likely to be far less than you'll need. Get back on track by augmenting your retirement savings to make up for what you've lost in the divorce.
- Cut Your Ex Out of Your Will
Revoke family trusts, rewrite your will, and change beneficiary designations on retirement plans and insurance policies. If your estate is large, it's time to do some tax planning to cut Uncle Sam out of your will as well.
- Plan What To Do With Your Home
Before separation, use joint funds to take care of any deferred
maintenance on your home. If you wait until after separation, those expenses will be yours alone. Also remember, if you sell your house after getting divorced, you'll be fully responsible for selling costs. (see related article: Divorce Planning Tips If You Own Your Home)
- Don't Get Married
Don't tie the knot without a prenuptial agreement, that is. Love is grand, but don't walk down that aisle again without a clear understanding of what's yours and how the finances will work during marriage and when the marriage ends, either in death or divorce. A clear understanding will prevent money getting in the way as you grasp the gold ring and another try for wedded bliss.
Bio and more articles by Ginita
Wall, CPA, CFP