Financial
Mistakes to Avoid in a Divorce Settlement
It’s common for both parties to focus
on immediate financial concerns during a divorce settlement. Yet, it
is the long-term financial consequences of divorce that frequently
are more devastating. Here are some of the most frequent financial
mistakes and how to avoid them.
Taking the house. The spouse
who will have custody of the children typically wants to keep the
family home. While this may be desirable emotionally, it can be
financially problematic.
A home is an illiquid asset that
costs money to pay for and maintain. The parent with the
children—often the woman—may not have the income resources to take
care of both the home and the children, particularly if the woman
gives up other financial resources in return for the house.
Consequently, it may be better financially to sell the home and
split the proceeds.
Assuming equal is equitable.
The family home is a good example of the mistake divorcing couples
often make by “dividing things down the middle.” Frequently, the
wife takes the house and the husband keeps his pension or retirement
accounts. Say both are valued at $400,000. The home is a
cost-burden, while the retirement account is a liquid asset that can
continue to grow, tax deferred, and probably at a faster growth rate
than the home.
Not examining earnings
potential. Often, one spouse has minimized a career in order to
raise children. The settlement needs to take this into account,
perhaps by providing extra money to the homemaking spouse to pay for
additional career training or education.
Not thinking about taxes.
Say it’s proposed that one spouse keeps a $150,000 individual
retirement account and the other keeps a $150,000 taxable investment
account. Sounds fair. But it’s not. The owner of the IRA will have
to pay taxes on that money when it’s withdrawn, so the two accounts
are not truly equal in value.
Not following through with your
attorney on the QDRO. A spouse who will be receiving part of his
or her spouse’s qualified retirement accounts, such as a 401K or
403b, will need a court order called a QDRO, or Qualified Domestic
Relations Order. (Nonqualified plans such as IRAs, deferred
compensation, or stock options do not need a QDRO.)
To avoid mistakes that cause major
headaches, be sure your attorney is aware of each spouse’s
retirement accounts and that the attorney examines what rules govern
each plan’s QDROs, as they vary from plan to plan.
Not including survivor’s
benefits in the QDRO. If you will be receiving retirement
benefits from your former spouse’s pension, be sure the QDRO
includes Survivor’s Benefits, if the plan allows them. Otherwise,
those benefits could stop if your spouse dies before you do.
Not paying attention to Social
Security benefits/
Not including Social Security benefits in the QDRO. If your
spouse makes significantly more money than you do and you’ve been
married ten years or more, you will be eligible for Social Security
benefits based on your spouse’s work history. That may mean higher
benefits than relying on your own work history.
Not insuring the divorced
spouse. If you will be relying on your ex-spouse for child
support, retirement benefits, alimony, or other financial benefits
such as a commitment to pay for your children’s college education,
take out a life insurance policy on your spouse to ensure the funds
will be there should your ex-spouse die. You should be the policy
owner, so you will be notified immediately if your ex-spouse is not
making the payments. And buy the policy before the settlement is
final, so you know whether your ex-spouse is insurable.
Only using a lawyer and an
accountant. Hire a Certified Financial Planner™ professional
trained in divorce financial issues to work alongside your attorney
and CPA. A Certified Financial Planner™ can objectively examine
long-range issues such as budgeting, appreciation, and tax
ramifications of the proposed settlement assets; as well as the
long-term costs associated with settlement proposals. A financial
planner, working alongside your attorney and CPA, can help ensure
the divorce settlement is financially fair to you.
Sigman Financial Fitness Tip:
We all know that divorce creates a huge emotional upheaval for both
parties. But this does not excuse you from taking an active role in
understanding your finances before, during, and after the divorce.
If you need to hire a therapist to work through your emotional
issues, so you can effectively address your financial concerns in a
calm and objective fashion—it’s money well spent. After all, you
will live with the financial consequences of your divorce long after
the papers are signed. Make sure your judgment isn’t clouded by
emotion and a desire to “get it over with.”
Lauren Sigman is a Certified
Financial Planner™ and President of Sigman Financial Fitness™. This
column was produced in part by the Financial Planning Association,
the membership organization for the financial planning community,
and is provided by Sigman Financial Fitness™, a member of the FPA.
To learn more about Sigman Financial Fitness™, visit
www.sigmanf2.com.
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