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Breaking Up the Assets is Hard to Do:
The Financial Side of Divorce
Couples
who decide to divorce must deal with the daunting task of
dismantling a life that was once a partnership. An important
step in the divorce process is dividing the assets between the
two parties. If you are preparing for a divorce, there are
important steps you need to take to ensure that the assets are
divided properly.
Who should be involved
Let’s start with the obvious answer: lawyers. It’s critical that
lawyers are involved, especially when the individuals are in
conflict. In addition, many people benefit from the help of a
financial advisor who can sort out the complexities of splitting
joint assets.
Getting started
Sorting through the financial side of a divorce should happen
right away. This is important because once the divorce is
finalized, making changes to the financial settlement is
extremely difficult. Here are some important initial steps:
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Find out what your joint assets are. Any assets you’ve
accumulated while married are joint assets, at least in most
states. This includes homes, autos, boats and jewelry, and also
includes business interests, retirement savings, investments,
cash, bank accounts, and anything of value like antiques. Make
sure all asset values are in writing.
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Do the same with liabilities. Any debt including mortgages, car
or boat loans, tax liabilities and/or penalties should be
disclosed and tracked.
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Create a new budget. Each party should determine their financial
needs for their life after the divorce. Don’t overlook items
that were once shared like health or life insurance premiums.
This is an important step that will influence the way in which
the assets are divided.
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Explore what the long-term picture looks like. What will your
lifestyle be after the divorce proceedings? How will the divorce
affect income? Will the former stay-at-home spouse get a job? If
so, what is the salary and benefits? Where do child support and
alimony fit in? It is worth thinking about these issues now,
even if the actual numbers are only estimates.
Your changing insurance needs
When couples split, each person’s insurance needs change
immediately. Whether you carried the lion’s share of insurance
policies, or you were the beneficiary of your spouse’s policies,
you need to make changes.
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Health insurance. If you will no longer be covered by your
spouse’s health insurance, you will need to find your own plan,
either through an employer or another source. You will need to
work out which of you will carry health insurance for your
children as well.
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Life insurance. You may no longer want to list your former
spouse as a beneficiary of a life insurance policy; on the other
hand, if you were the beneficiary and will not be going forward,
you will also need to explore your own life insurance needs.
Individuals who will be receiving alimony or child support
payments might also consider taking out a life insurance policy
on their former spouse to ensure they can continue to receive
that money if the ex-spouse passes away.
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Other insurance needs. Long-term care and disability insurance
may be more important to both parties, now that each is running
a household. Auto and home insurance will now be up to each
individual as well.
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Other documents. You will need to update key documents like
wills and living wills. They can be rewritten or you can create
entirely new ones that reflect both your wishes and the current
state of your household.
Your financial know-how
If your spouse always handled the checkbook and the budget,
you’ll need a crash course in the basics–and soon. Take a class
in basic money management, work out a budget for your new life
and stick to it. As you embark on your own separate path, this
is a skill you will need, and you won’t have anyone else to
handle it for you.
AJ Jugan and Brian Stumpf are financial advisors and Certified
Financial Planner™ professionals. Andrew (AJ) can be reached by
calling 412-635-5813 or emailing andrew.m.jugan@ampf.com. Brian
can be reached by calling 724-799-2782 or emailing
brian.d.stumpf@ampf.com.
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