Financial Concerns to Consider When Divorcing

Divorce can be a complex process that requires careful consideration of financial issues. If you are in the middle of divorce proceedings, here are 10 financial concerns to consider.

How Much Will We Have to Spend on the Divorce Process?

When couples divorce, one of the most important financial decisions they will have to make is how much to spend on the divorce process. This includes things like attorney fees, court costs, and spousal support.

Couples who are able to negotiate a fair settlement can save money on their divorce proceedings by working together to come up with a budget and fair plan. However, if negotiations fail or one party refuses to cooperate, the court may order them to participate in an expensive trial or require them to pay their spouse’s attorney fees. In some cases, one spouse may be ordered to pay all of the costs associated with the divorce process.

Regardless of whether they negotiate or go through the courts, both divorcing parties will likely end up spending money on their separation and divorce. The amount each spends will largely depend on individual financial circumstances and needs, but it’s generally safe to say that both sides will end up spending at least some money.

The average cost of a divorce in the US is $15,000 – and the majority of that is spent directly on attorney fees. However, if both spouses are willing to communicate and negotiate and come to a collaborative agreement, those attorney fees may not be necessary at all. When you can both commit to work through the process in a civil and calm manner, you may be able to use the OurDivorce.com process to complete your documents to file with your court, and save all of those attorney fees.

Who Gets What From the House?

During a divorce, one of the most significant financial concerns is who will get what from the house. This can be a complicated issue, as assets and liabilities may be divided differently depending on who was married to whom at the time of the divorce.

In some cases, both spouses may be entitled to equal shares of the property. However, in other cases one spouse may end up with more assets than the other, or less debt.

What are My Legal Financial Rights and Responsibilities During Divorce?

During divorce, both parties are legally entitled to certain financial rights and responsibilities. These include receiving an equitable share of marital assets, paying any debts and expenses that were incurred during the marriage, and maintaining any joint accounts or property. Additionally, each party is typically responsible for their own attorney fees and other court costs. 

The best recommendation is to make no financial moves or changes without discussion with your spouse until the divorce is final. This way, both parties are on the same page and can negotiate any financial issues in a more constructive and fair manner. In some cases, couples will file initial paperwork with the courts outlining what can and cannot be done related to anything financial during the time between separation and divorce.

When should I contact my Financial Advisor?

It is always a good idea to contact your financial advisor, accountant, or other professional as soon as you begin to think about or plan for divorce. This is especially true if there are any assets or liabilities that you do not know about, or if you have any questions about your legal financial rights and responsibilities. A financial advisor can help you sort through all of the information and make sure that you are taking the best possible steps for your future.

Can I Keep my Ex-Spouse’s Things in My Home or Property?

During the divorce process, many couples may be concerned about dividing up their property and possessions. Can one spouse keep the items belonging to the other spouse, even after the divorce has been finalized? It depends.

Personal property – such as clothing – is usually considered the property of the person who it belongs to. That spouse usually has a right to all of their personal items. In an amicable divorce, both parties usually agree that these items should be given to the person spouse who they belong to, and make agreed arrangements to make that happen.

Sometimes, a court will award property and possessions to a spouse who was financially supporting that spouse during the marriage. This means that if one spouse was providing financial support (usually through income), then that person is generally entitled to keep that spouse’s property and possessions. 

However, this isn’t always the case. If one spouse had significant control over the other’s finances or assets, it might be more difficult for that second party to claim ownership of those assets. Additionally, if one party has left significant debts behind after a breakup, they might have less right to inherit those debts or property. 

Community property states also have guidelines and, in most cases, property obtained during the marriage is considered to belong to both parties, except for those personal possessions.

There are legal ramifications to moves regarding finances and property that we cannot consult you on since we are not lawyers. In general, if you come to a collaborative written agreement regarding your financial assets and property, the court will usually uphold your agreement.  If you are not able to come to an amicable agreement regarding the personal items of the other spouse, it’s likely time to get the lawyers involved to get legal guidance.

What is the Division of Property and Debts Between Spouses During Divorce?

Financial concerns during divorce can be overwhelming for both spouses. Many couples wind up with unequal shares of assets and debts, which can create tension and conflict. It is important to have a discussion about financial concerns early in the divorce process so that both parties are aware of their respective rights and obligations.

With this in mind, OurDivorce.com walks you through gathering information about all of your assets and debts, and our proprietary 4-phase negotiating and bartering system allows both spouses to separately note their wishes related to each asset and debt, which allows you to keep the conversations focused only on those items where you need to create an amicable division of property.

How Will Child Support Payments be Made After Divorce?

The legal end of a marriage generally means different things to different people. For some people, it may mean financial considerations we noted above, such as who will pay what bills and who will have custody of the children. For others, it might mean emotions such as whether they are happy or sad about their separation. Ultimately, what matters most is what is best for the children – which is why both parents are typically involved in making decisions about their care and future.

Child support payments can be a difficult issue to deal with during and after a divorce. The two parents may have different financial concerns, which can lead to complicated negotiations over who will pay what. In some cases, the court may require an agreed-upon formula for determining child support payments.

The manner in which payments can and should be made may vary upon your local state guidelines. For example, in some states, such as Texas, they require all payments to be made directly to the state, which disburses the payments to the custodial parent. You will want to check your state requirements.

For the most part, these payments should always be made using a method that can be tracked, not cash. It’s also wise for any other agreed support – for example, it’s often common for both spouses to pay half of any medical care required after insurance pays – to also be paid using a method that can be tracked and verified.

How Does Alimony Work During or After Divorce?

Alimony is a financial award given to one spouse by the other in order to help them maintain their standard of living during or after a divorce. Typically, alimony is paid for a set period of time, and can be adjusted based on the specific circumstances of each case. Alimony can be awarded either before or after a divorce is finalized, but it usually ceases when the recipient remarries or when the paying spouse no longer requires it due to successful economic independence.

Alimony is allowed in all states, but the guidelines may vary in each state. If you come to an amicable divorce agreement that includes alimony that both spouses have agreed upon, it will usually be upheld by the court.

Some considerations related to alimony would be the length of the marriage, the age and health of each spouse, and the earning capacity of each spouse.  

Does it Matter Financially Who Initiates the Legal End of our Marriage?

In the United States, divorce usually requires the filing of a petition with a court. This petition, known as a “divorce decree,” sets out the terms of the divorce. In order for one spouse to file for divorce, that spouse must demonstrate two essential elements: (1) that there is an irretrievable breakdown of the marriage; and (2) that there is no reasonable possibility of reconciliation.

In most cases, who decides to get divorced will have little to no bearing upon the financial decisions made during the divorce process.

There are a few key things to keep in mind when contemplating financial issues during divorce. First, make sure you have an accurate estimate of your net worth. This includes everything from your home equity to your savings accounts and investments. It’s important to know your assets and liabilities so you can figure out who will be responsible for what during the divorce process.

Second, be sure you have worked through every aspect of your finances. OurDivorce.com helps walk you through gathering all of this information and having the discussions to amicably develop a division of finances and property.  This allows you to maintain control of those choices, since different courts may have different rules about who pays what bills, how money is divided between spouses, and whether one spouse is responsible for paying off the other spouse’s debt. 

Finally, don’t forget about tax consequences during a divorce. Depending on how long you have been married and where you live, taxes may be due on marital income or on any property or assets transferred during the marriage.

Remember, we are not attorneys, and our articles should not be taken as legal advice. We always recommend that you consult a professional if you have specific questions related to your personal circumstances.

We are also not financial advisors or CPAs, so when you have individual financial concerns, please reach out to one of those professionals.