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divorce
matters
Separating
your finances
Divorce
means more than physically separating a family. It also means separating
a family financially. Both can bring great emotional stress. You will
come through the process in a better financial state, however, if you
can keep your emotions from influencing your financial decisions. At
the very least, you will be able to make better financial decisions
in the future for yourself and your children.
The following information will make
you aware of some issues that accompany the division of finances during
a divorce. It is not intended as a complete guide or as a substitute
for legal or financial advice.
Preparing for financial
separation
Often, one person
in a marriage has taken primary responsibility for financial management
and record keeping. If you are not well informed, realize that you
are helping yourself if you put some work into this stage. Gathering
the financial information keeps your legal bills down and educates
you about your family's finances. This knowledge provides you with
a more realistic view of your financial situation as decisions are
made. The financial facts checklist on page 4 will help you gather
the information you need.
Even if your divorce is friendly,
don't count on good will to determine what you should do about joint
accounts. Be aware that either person can remove all the money from
a joint account or charge up a credit card. Look at your situation objectively.
Apply your own common sense. You should be moving toward eliminating
the financial ties to the person you are divorcing. The ultimate goal
is to create two financially separate households from one. It may not
be possible to cut all connections, but your risks can be reduced. Seek
the advice of an attorney, an accountant, or another financial professional
to clarify tax consequences and other financial issues.
Dividing property
In general, each person
is entitled to an equitable or fair distribution of the property. Property
includes automobiles, homes, and furniture, in addition to possessions
such as cash value insurance policies, pension funds, savings accounts,
etc. Equitable distribution weighs each person's contributions to the
marriage, including non-financial considerations, to determine a fair
division of the property. Equitable distribution does not necessarily
mean equal division. If you received an inheritance or gift during the
marriage, you are normally entitled to keep that property. Also, you
may be entitled to receive credit for property you brought into the
marriage.
As you negotiate the division of property,
think about your needs, the needs of your children, and the income tax
consequences of your decisions. Things that were of great value to you
in the marriage may be of little use to you after the divorce. One warning
is to avoid written agreements regarding property prior to speaking
with your attorney. Documentation of any sort is often considered valid
by the courts and may stand in the way of equitable distribution of
property.
Find out whose name the property is
in and make sure it is changed after the divorce to reflect the decisions
identified in the divorce decree. For instance, if a vehicle is in your
name and your spouse gets that vehicle as part of the divorce settlement,
make sure the title transfer is completed. If your spouse would have
an accident after the divorce and the spouse is sued, you also could
be sued if the vehicle is still in your name.
Dealing with debt
When you divorce,
you not only divide property but debt as well. In general, you both
are responsible for paying any debts that are acquired during the
marriage. Managing debt issues carefully during the divorce process
may lead to less conflict and a more stable environment for you and
your children.
You should act promptly to close all
joint credit cards or other lines of joint credit. Be sure to establish
credit in your own name before doing so. Often you can open an individual
account when you close a joint one. A credit card can help you through
some short-term emergencies during the divorce transition. However,
avoid saying "charge it" rather than making necessary cuts
in spending after divorce.
Make a list of the outstanding balances
on any credit cards or other debts. Get the address of a credit bureau
from the phone book and request a credit report to make sure you are
aware of all open accounts. Once the divorce is filed, debts should
be divided between you and your spouse and each person should be responsible
for payment of his/her debt. Four basic options in allocating the
debts acquired during the marriage include the following:
- Sell joint property to pay off debts.
- You agree to pay the bulk of the debts
in exchange for getting a greater share of the property or an increase
in alimony.
- Your spouse agrees to pay the bulk
of the debts in exchange for getting a greater share of the property
or an increase in alimony.
- Divide your property equally and
divide the debts equally.
From your perspective, the first two
options are much less risky than the second two alternatives. Remaining
connected to someone financially puts you at risk. Even if you have
to borrow money to get through the divorce, it could prevent problems
later. Be sure to discuss your options with your attorney and/or a financial
adviser. Agreements regarding assignment of debts and property should
be clearly spelled out in the divorce decree.
You should attempt to remove your
name from those debts that your spouse will keep. Write to companies
and inform them of your impending divorce and ask them to close joint
accounts or remove your name from an account. Request the amount of
any outstanding balance, and indicate that you refuse to be responsible
for any charges made after the date of your letter. Request a response
from the creditor and keep a copy of your letter for your files. While
such a letter may not fully protect you, it is better than taking no
action. You can request that credit card accounts be made inactive while
the balance is being repaid. This prevents further charges from being
made on the account.
Remember that even after the divorce
is final, creditors may attempt to collect on debts from both partners.
A divorce decree will be honored by the courts, but may not matter to
collectors - their goal is to collect the money. It is not always possible
to remove your name from a joint debt until the debt has been paid in
full.
The financial separation that comes
with the divorce process can be made less difficult if you find out
what your options are and remain aware of your financial situation.
Understand that this process will take time, but the payoff is a brighter
financial future.
For more information, contact the
following:
- IOWA Concern - 1-800-447-1985 Provides
confidential assistance and referrals for stress, legal questions,
and financial concerns.
- Legal Services Corporation of Iowa
- 1-800-532-1503 Aides in finding legal assistance for divorce and
child custody cases involving low-income families from abusive situations.
- Iowa Commission on the Status of
Women - 1-800-558-4427 Provides information, referrals, and publications
regarding the legal rights of women.
Financial facts checklist
Gather these documents
as you prepare for divorce. Place a check in the blanks corresponding
to the items you have. Make note of asset and debt ownership
(j-joint, h-husband, w-wife).
|
Tax returns (state and
federal) past 5 years |
|
Expense account |
|
Pre-and post-marital (nuptial)
agreements |
|
Insurance |
|
Previous divorce documents including
property settlement |
|
Disability |
|
Life |
|
Wills and trust documents |
|
Medical |
|
Written agreements with partners
or employers |
|
Military |
|
Pay stubs-both spouses-past 3 months
|
|
Severance pay |
|
Family records (names, birthdates,
social security numbers) |
|
Sick pay |
|
Stock options |
|
Documents from: |
|
Travel benefits |
|
Certificates of deposit |
|
Vacation pay |
|
Checking/sharedraft accounts |
|
Retirement plans: |
|
Collections-coins, stamps, etc. |
|
401K or 403B |
|
Credit card accounts |
|
Defined benefit plan contributions
|
|
Mortgage/lease/rental info. |
|
ESOPs (Employee Stock Option Plan)
|
|
Other debts |
|
IRAs or Sep IRAs |
|
Personal notes payable to you |
|
Keoghs |
|
Real estate records |
|
Money purchase plan contributions
|
|
Savings accounts |
|
Profit sharing plans |
|
Stocks, mutual funds |
|
Social Security |
|
Insurance policies-both spouses:
|
|
State and/or Federal |
|
Automobile |
|
Tax Sheltered Annuities |
|
Disability |
|
Financial Statements |
|
Health (parents and/or children) |
|
Cash flow or income and expense statement |
|
Homeowners/renters |
|
Liability |
|
Net worth-list of assets and debts
|
|
Life |
|
Safe deposit box contents |
|
Employee benefits: |
|
Statements or documents regarding:
|
|
Auto allowances |
|
Personal injury awards |
|
Bonuses |
|
Separate property-inheritances, gifts
and others |
|
Cafeteria plans |
|
Deferred compensation |
|
|
Adapted for use in Iowa
by Cynthia Needles Fletcher, professor and extension specialist, and
Michelle Overstreet, Economics 3-3 graduate assistant, Department
of Human Development and Family Studies, Iowa State University, from
University of Minnesota Extension fact sheets (part of the Parents Forever
divorce curriculum) by Sharon M. Danes, professor and extension specialist,
Department of Family Social Science, University of Minnesota.
Be sure to read more publications
in the "Divorce Matters" series:
. . . and
justice for all
The U.S. Department of Agriculture
(USDA) prohibits discrimination in all its programs and activities on
the basis of race, color, national origin, gender, religion, age, disability,
political beliefs, sexual orientation, and marital or family status.
(Not all prohibited bases apply to all programs.) Many materials can
be made available in alternative formats for ADA clients. To file a
complaint of discrimination, write USDA, Office of Civil Rights, Room
326-W, Whitten Building, 14th and Independence Avenue, SW, Washington,
DC 20250-9410 or call 202-720-5964. Issued in furtherance of Cooperative
Extension work, Acts of May 8 and June 30, 1914, in cooperation with
the U.S. Department of Agriculture. Stanley
R. Johnson, director, Cooperative
Extension Service, Iowa State University of Science and Technology,
Ames, Iowa.

PM-1719
/ January 1997
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articles regarding
Finances and Divorce
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