CREATIVE PROBLEM SOLVING DURING DIVORCE

Does one size fit all? While this concept is most commonly applied to clothing (these items rarely fit properly), it also used in divorce settlements. Regardless if the settlement is in Nashville, Brentwood, TN or your city and state. Your family is unique and so are your needs. Yes, attorneys tell me a 50 / 50 division of assets is common in Tennessee. However, how the 50 % is achieved does not mean that every asset is divided evenly. Perhaps one spouse needs more cash. Perhaps one spouse wants to keep the frequent flyer miles, the house or a specific … Continue reading

WHAT IS A QDRO?

A QDRO (Qualified Domestic Relations Order) is a legal document necessary when dividing a qualified retirement plan such as a 401(K) or 403(b). It is not required when dividing an IRA. A QDRO is typically prepared by the divorce attorney and costs about $1,200. If you are dividing retirement funds, you may want to consider minimizing legal fees by dividing an IRA rather than the 401(K). Here’s an example: If you have a 401(K) with $50,000 and and IRA with $100,000 your total retirement funds are $150,000. If the assets will be divided 50/50 then each spouse should receive $75,000. … Continue reading

UNDERSTANDING STOCK OPTIONS

If in the midst of divorce and your marital estate includes stock options, it is important to understand the details. Stock options cannot typically be transferred to the other spouse. For example, if your spouse receives the stock options from their employer, they are assigned to that person and cannot be transferred to you. Your spouse will have to exercise the options, pay the taxes and the net proceeds can be transferred to you. This transfer will not have tax consequences if the transfer occurs within 12 months from the date of divorce. Regardless if you live in Nashville, Brentwood, … Continue reading

ESTATE PLANNING ISSUES AND DIVORCE

If you are divorcing, after the divorce is over, you will have some estate planning details that should be addressed sooner than later. Most people realize that they will need to revise their will. However, you will also need to revise the beneficiaries on your bank/investment accounts, retirement accounts and life insurance. Forget to do this and your ex-spouse could receive funds down the road that you intended to go to your children or potential new spouse. Unfortunately, I see this too often when 20 years after a divorce the first spouse receives the benefits of a life insurance policy … Continue reading

AVOID DIVORCE INSURANCE MISTAKES

Warning: Will Your Insurance Protection Survive Your Separation and Divorce? Divorce is traumatic enough without the financial complications of an uncovered insurance loss. Attorneys and judges are quick to consider life and health insurance in divorce cases. But frequently other forms of personal insurance do not get much attention. During a divorce judges frequently tell the parties in a divorce not to make any changes to their insurance policies. What the judges are trying to do is stop malicious tampering with insurance policies by the warring spouses. However, legal professionals sometimes overlook common but crucial property and casualty insurance issues. … Continue reading

ALIMONY ISSUES

This 7 letter word paralyses men with fear. How much will I have to pay? For how long? It also paralyses women. Can I receive it? How much can I receive? How long will it last? I understand why this is such an emotional issue. However, emotions aside, it really comes down to numbers. Attorneys tell me that TN divorce laws discuss 16 factors that are considered for alimony. However, need and ability to pay are the 2 factors that get the most attention. As the wife and husband, your job is to prove what you need and what you … Continue reading

Minimize Unnecessary Expenses During Divorce

Regardless of how much divorcing spouses may dislike each other, they often equally dislike spending money on a divorce battle and draining their hard earned savings and retirement funds on unnecessary legal fees. Consistently, I strive to avoid letting uncertainty whip my Nashville, TN clients into an emotional tizzy. The more frenzied their emotions, the longer the proceedings and the more costly the divorce. Frequently, it is the emotions in divorce that cloud people’s thinking and result in tens of thousands of dollars spent unnecessarily. As a divorce financial planner and mediator, I am aware of the emotional issues my … Continue reading