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Divorces are very complicated and can take a huge emotional toll on you. The last thing you need is for your divorce to be a financial disaster as well. One of the biggest questions on everyone's mind during a divorce is "How are we going to split our assets?" Unfortunately this is a complex question because it varies from case to case due to state laws, judges, and each individual situation.

State Laws

Most states use equitable distribution to divide marital property. This method looks at the financial situation of each individual, so although it is more flexible, it is extremely difficult to guess what the outcome will be.

There are nine community property states that consider all property acquired during the marriage to be equally owned by each spouse and is split 50/50 in a divorce.

Know What You Are Worth

To calculate your and your husband's net worth, add up all of your assets, then subtract all of your liabilities. Make sure you know the current value of your home; have your home appraised since the value could have gone up significantly since you purchased it. It is best to consult with a financial expert to help you assess the value of your investment accounts--both their current and their future value. Be sure to have any businesses or collections such as fine art appraised as well.

Splitting Investments

Divvying up your stocks, bonds, 401Ks, IRAs, pensions and other investment accounts can be a daunting task. The bottom line is the share of marital assets you get after the tax man gets his. Say your spouse handles all the investments and offers to split them 50/50. Sound fair? Maybe and maybe not. Be sure to look at the value of your assets relative to your spouse on an after-tax basis. Then decide if you like the deal.

Many women are unaware that investment accounts have hidden costs like taxes and surrender charges that you need to take into consideration before liquidating or splitting up. It is best to hire a financial professional to help you come up with a property division settlement; they will be able to help you see your whole financial picture while taking into consideration tax issues and future valuation of assets.

Some assets are more easily split than others. In order to get part of your spouse's pension or 401(k), you'll need a lawyer to draw up a qualified domestic relations order, or QDRO. There are several options, including a one-time payment, monthly payments at retirement, or a lump-sum payment that you transfer directly into your own IRA where your money will continue to grow tax-free until you retire. IRAs can be divided without a QDRO, as long as the division is clearly specified in your divorce agreement.

Long-Term Value

A key thing to keep in mind is to not give up long-term value for immediate gain. When looking at what assets you want to walk away with after this divorce, make sure you take into consideration the long-term value of these assets, not just the current value. For example, If you give up a pension in exchange for keeping the house or up-front money, you may feel short-changed when you reach retirement age. A pension can be very valuable down the road.

Knowledge is Power

The National Marriage Project at Rutgers University conducted a study that found that a man's standard of living usually increases by 10% after a divorce while a woman's standard of living usually drops by 27%. One of the factors in this is that women are more likely to be unaware of the family's financial status. It is incredibly important to do your research on your financial situation and fully understand it so you will be better prepared when it comes time to negotiate your divorce settlement.

 

Related Articles:

When Your Ex Screws Up Your Credit, by financial expert Sanyika Calloway Boyce

Don't Get Even...Get Smart, by financial advisor Maryann Kelly


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2 comments

  • Comment Link sherry crawford Saturday, 08 November 2014 04:55 posted by sherry crawford

    i have co signed on a vechicle and i want a divorce . my husband has been bad credit and doesnt pay his bills on time now ... the bank dinied him ... i dont want my credit worned ...

  • Comment Link Guest Thursday, 11 February 2010 12:56 posted by Guest

    an unfair divorce settlement;papers not signed yet: I was surprized and disappointed when my lawyer introduced the settlement afterhim and plaintift's lawyer talked with the referee. I was too beaten and tired so I just agreed with the settlement in front of the judge. My alwyer did nothing for me, he did not give me any advice how to..in different situations. My husband has become kind of expert in going through with his fourth divorce! I have managed somehow to take his mental abuse for 29+years. After all the false promises which continued through my marridge and through the so called "civilized" settlement talks, I am very sad and scared for my future. I agreed to start collecting the social security at 62 in an amount of $838, which will happen in May. I have been a frugal house wife and mother to my son from a previous marridge , supporting my husband, so he could work all the endless hours in his beloved job without a worry.I have my all family in an other country, where I also left my good job after graduating from college. The degree has been worth nothing here. I was drawn to my husband for his charm and promises of wanting a child with me. When I became pregnant, he "forced" me to get an abortion(twice). Also he told me on our wedding night that his first wife is his friend and she is a keeper. If I don't like it, I can leave. I'm just giving a very few examples of his treatment of me.
    I have done some very low paying jobs throughout the marridge. I was proud always to be self supportive but not in this marridge, therefore I decided to put all my efforts to be as good as a wife, frugal homemaker, mother, stepmother, home finansier etc. Now in the settlement I did get 1/2 of the investments ($300K), and the house($130K). This year will be very tough and I don't see it getting any better finacially. Who would hire me without any modern skills or work experience? Besides if I get remarried , I'll loose almost 1/2 of the social security. HELP!