by Susan M. Butler
Although no person wants to think about planning for a
divorce, divorce occurs in almost 50 percent of all marriages.
If one party is thinking about divorce he or she should plan
prior to filing for divorce. One should especially consider the
financial consequences of divorce.
Separation of Non-marital Assets
Non-marital assets are assets that are not subject to
division during divorce. Non-marital assets are generally
awarded to the party who claims possession thereof. If the party
commingles their non-marital asset with a marital asset, the
non-marital identity of the asset may be lost. Tracing of
non-marital assets may often be conducted. Examples of
non-marital assets may include:
- Inherited property.
- Proceeds from personal injury awards.
- Property owned prior to marriage.
- Gifts made to the party herself and not to the family as
a whole.
Establishment of Credit
It is very important for the party contemplating divorce to
establish his or her credit. Typically, it is the woman who
needs to establish credit. The party may establish credit by
placing their name on the household accounts or obtain a credit
card. Establishment of credit is important if the party wishes
to apply for a loan, buy a home or a vehicle.
Review Marital Financial Material
It is important for both spouses to be knowledgeable about
their financial status. It is important to make copies of 401K
statements, pension statements, social security statements and
other financial statements. The issue of finances can become
very murky during divorce. Sometimes one party conceals or
attempts to conceal certain financial assets from the other
party during divorce proceedings, and knowledge of one's assets
may help curtail any type of potential concealment.
Joint Accounts
If divorce is in the near future, the party should contact
credit card companies and other creditors to close the joint
account or freeze accounts. If the other party discovers that
divorce is imminent they may go and charge items that the moving
party does not want to be responsible for. If one party does
close an account, they should request written documentation that
the account was actually closed.
Timing
It may sound silly, but timing your divorce may be of
importance depending upon the circumstances. If one party has
not earned enough or if tax ramifications may be adverse, the
moving party may wish to delay filing for divorce until he or
she is in a better financial position.
Consult an Attorney
Although hiring a divorce attorney is not a prerequisite to
commencing divorce proceedings, it may be good if the party
desiring a divorce meets with an attorney. Often times attorneys
are better equipped to handle issues that may arise during
divorce proceedings. The attorney is certainly able to handle
any issues without the degree of emotion that the moving party
may possess. Simply because the party meets with an attorney
does not mean that the party must hire the attorney to represent
them in their divorce proceedings.
