How to avoid getting screwed in a divorce should be a very essential topic for couples going through a divorce.
According to a revised edition of “The Divorce Revolution: The Unexpected Social and Economic Consequences for Women and Children in America,” a woman’s standard of living drops by 27 percent on average after divorce, while a man’s rises by 10 percent.
This difference isn’t just a result of typical financial mistakes people make after a divorce, though it’s a good idea to try to prevent them. This article will be explaining the Nine ways to avoid being screwed during divorce.
How To Avoid Getting Screwed In A Divorce – 9 Tips To Follow
There are few tips to follow to avoid getting screwed in a divorce and most include:
1. Financial Security
Late-life divorces are becoming more common. It is crucial to safeguard your financial stability during and after divorce, regardless of the cause. The time has come to keep as many of the things you have accumulated during your marriage.
Consider your savings and investment accounts, your real estate, and other personal and, in some cases, business assets. Updates to an estate plan, replacement of different insurance policies, and the list go on.
Since divorce proceedings are based on negotiation, there is no assurance that you will receive what is fair in a settlement unless you reside in a state where community property laws mandate a 50/50 asset split.
You might only be in a solid position to bargain in your divorce if you are one of the 24% of women who make daily financial decisions in a partnership.
A selfish spouse abandoning you penniless is the last thing you want to happen, but it does. It is advised to take preventative action: “If there is a joint account, [you] can set up an account just in [your] name and move a certain amount of assets over.”
Make sure you have enough money in the account to pay your bills up until legal counsel can intervene, but avoid emptying it. Otherwise, the only way to gain access is to schedule an urgent court hearing to obtain temporary alimony or child support.
That’s expensive and time-consuming, so if you can get some liquid assets, some available cash, that’s very important, and that will buy you a little bit of time.
2. Be aware of your share
Some assets are valued equally. But they are not so similar once you take taxes into account.
Divorcing couples occasionally decide to sell the family home and divide the proceeds according to their settlement agreement.
Sometimes only one spouse stays in the home. Depending on the particulars, there are a few things to be on the lookout for in this circumstance.
You would first need to refinance the loan and meet the requirements, assuming your ex won’t be a joint owner or responsible for any mortgage on the house.
However, when valuing the assets during divorce negotiations, make sure to obtain an appraisal and ascertain the asset’s cost basis
3. Avoid Joint Debt
Innocently and frequently with the best of intentions, joint debts can occur. Your son or daughter may need a student loan to pay for their education, but they need your help co-signing it because they don’t have a good credit history.
Alternatively, you and your partner might apply for a joint credit card to help each of you establish credit.
However, when you co-sign for a loan or sign up for any joint agreement, like credit cards and lines of credit, you effectively enter a legal contract with your creditors in which any debt incurred is the collective responsibility of both parties.
If your ex doesn’t make payments on the charges they racked up on the joint credit card, the creditors may contact you for payment because a divorce decree does not bind credit card companies.
It’s crucial to cancel or freeze your joint cards and accounts when you and your partner separate or file for divorce to safeguard yourself from any debt that might accumulate after the divorce.
4. Level up your retirement planning funds
Like your home and bank accounts, retirement assets may be considered marital property that must be divided between spouses in the event of a divorce.
The guidelines for dividing retirement accounts, however, can be complex. When spouses divorce, state, and federal tax laws may impact how and when assets are divided.
The type of plan or account being divided will determine exactly how you or your ex will receive retirement distributions.
Also specified in the decree and property settlement agreement should be how distributions will be made. Oftentimes, IRA funds are transferred to an existing account in the receiving spouse’s name or, if they already have one, to a new IRA that is opened in their name.
There would be no dissolution of the initial IRA.
The spouse who opened the account originally would continue to own any remaining funds.
The 401(k) plan administrator may decide how to distribute the receiving spouse’s share. Some plans will let the receiving spouse create their account within the plan and open it, while others demand that the money be distributed or rolled over into an IRA.
So it is advised that one will be wise enough to level up their retirement funds if they are divorcing a partner.
5. Cut your ex out of your will
Your ex-spouse will no longer be able to benefit from your will, even though it is still valid after divorce, unless you have expressly stated otherwise.
They won’t be able to carry out their duties as executors or trustees under your will either.
Your will is still valid even if you split up with your spouse even though you’re still legally married, and your spouse will still be entitled to the inheritance specified in the will.
It’s crucial to update your will with your new instructions if you no longer want your spouse to inherit anything from your estate, but you are still married.
6. Don’t get married unless the divorce is official
When a marriage ends in divorce, you are entitled to keep the personal property you brought into the union and your fair share of any assets you jointly acquired during the marriage.
After a bad marriage, it’s normal to move on with someone else after a bad marriage, but doing so before the divorce is officially over could cause issues.
If you have children, getting romantically involved with someone else will decrease your chances of a speedy divorce and may prevent you from receiving a favorable outcome.
Even if your kids get along well with your new partner, many questions and scrutiny will be directed at their past.
It would be more profitable to suggest waiting until the divorce is final. After the divorce, introduce your new partner to your children. Instead, spend time with close friends, family, and loved ones.
However, if you are already in a relationship, talk to your lawyer about your best options to protect yourself in a divorce.
7. Plan What to do With Your Home
Use joint funds to take care of any pending home maintenance before separation. Waiting until after the divorce will make those costs solely your responsibility.
Also, keep in mind that you will be entirely responsible for the costs of selling your home if you do so after getting divorced.
8. Attorneys Are In Control
In addition to retaining legal counsel, it’s critical to have a dependable financial advisor, primarily if your spouse previously handled financial matters.
Find a person you can trust who can also explain things to you in a way that makes sense.
It’s crucial to have a seasoned family law attorney and a financial adviser on your team, even if you’re well-versed in finance.
You’ll want impartial parties to be able to speak on your behalf and make sure that you’re adequately protected because divorce is fraught with emotion.
A lot of emotion is involved in a divorce, whether you recognize it or not, so you will need someone to speak for you.
9. Child support Are Covered.
You need life and disability insurance as protection if you are receiving child support or alimony because it will end when your ex-spouse passes away or becomes disabled.
If your children are still living with your ex, you may want to check her life insurance policy to see how much money would be available to help with child care in the event of her passing.
Conclusion
A bad divorce is only worse than a bad marriage. Unfortunately, a lot of people who go through divorce ruin their future financial stability. Keep that from happening to you.
In this article, you will get to know the things to do to avoid being screwed over during a divorce.