Articles Posted in Property Distribution

Social Media posting can impact your divorce proceedingsSome people find social media a great way to keep up to date with friends and family; others use it to vent their anger and frustrations. The immediacy of social media can be cathartic to some extent, but it can have its consequences especially when you are going through a divorce.

Whether you are sharing photos of your latest impulse purchase or complaining about your soon-to-be ex, what you – and your friends – post on social media can work against you in your divorce. How? Read “Divorce and the Power of Social Media” for more information.

Hand slicing through puzzle pieces representing marital assets distribution in a divorceDivorce is a highly emotional process, and it is safe to say couples sometimes let these emotions guide their decision making. There are certain aspects of divorce, however, that are better handled with a clear head, namely decisions affecting your children and your future finances.

One of the most contentious steps in a divorce is deciding on the distribution of assets. When you are making demands based on anger and hurt, it is nearly impossible to reach a fair and equitable agreement. But for your own long-term well-being, and possibly that of your children, now is the time to consider the implications that taking or giving up certain assets may have on your financial future. For an understanding of the different types of assets you may have, as well as their costs and associated taxes, read “What you need to know about splitting assets in a divorce.”

fair divorce settlement or financial fraud; Lady Justice with wedding bands in scalesWhether negotiating a divorce settlement in your lawyer’s office or going through divorce proceedings in court, arriving at a fair financial arrangement can be difficult. That’s largely because there are so many variables to consider when putting a value on what each spouse contributed to the marriage, which can lead to conflicting opinions as to what each spouse is entitled to.

Still there is a difference between feeling you were treated unfairly in your divorce and being a victim of financial fraud. How can you tell? A recent article in Forbes, “Red Flags of Financial Fraud in Divorce – And What To Do About Them,” highlights signs to watch for and what you can do to protect your interests.

Property distribution; pair of woman's hands and man's hands tugging on a house keyIn a divorce, the answer to the question of who gets the house may not be a simple one. Essentially there are two ways to approach this question: let the court decide or negotiate an amicable agreement with your ex.

If you and your ex cannot come to a mutually acceptable agreement, the court will rule on the division of property and other marital assets under the Equitable Division Law. This ruling considers several factors and is meant to result in a fair, although not necessarily equal, distribution of property. Couples who would prefer to avoid the court process and negotiate an agreement between themselves have several options to consider. To learn more, read “How Divorce Impacts Property Ownership.”

Divorce-First-Steps-300x200There is a lot more involved to a divorce than two people simply going their own ways. Couples have an overwhelming number of decisions to make—how to divide their assets, where to live and, for parents, how to continue caring for their children, to name a few.

As difficult as it may be, cutting through the emotions and focusing on the logistics involved in the process one step at a time can help you better prepare for your post-divorce life. For a look at a step-by-step plan for your divorce, read “What To Do Before Filing For a Divorce.”

Common-Financial-Mistakes-FL-blog-2-300x200When going through a divorce, couples can let emotions drive their decision-making process, especially when it comes to such issues as divvying up their assets. The more contentious the divorce, the more likely the scenario of a spouse fighting for assets simply to keep them out of the hands of their soon-to-be-ex.

Cutting through the emotions associated with divorce and looking ahead at the realities of their financial situation can help couples avoid long-term mistakes. To learn about some of the more common financial mistakes divorcing couples make read, “5 Money Mistakes to Avoid When Going Through a Divorce.”

Property-Division-2-FL-blog-300x200When building a life together as husband and wife you will, no doubt, accumulate a lot of stuff. Normally, this isn’t a problem unless your marriage ends in divorce. At that point, you will be faced with the difficult, and sometimes contentious, task of dividing up your assets.

Some couples are lucky enough to reach settlement agreements on their own terms; others require the court to intercede. That is when property distribution becomes more complicated than simply deciding who wants a particular asset more. Understanding the legal definition of separate and community or martial property, as well as knowing which property ownership system your state observes, can help you better understand what to expect should you need to go to court. To learn more read, “How to Split Marital Assets During Divorce.”

Rushing-Divorce-FL-Blog-300x200For most couples, divorce isn’t a decision arrived at overnight. Usually, the decision to divorce comes after long periods of living with irreconcilable differences and numerous attempts to resolve conflicts. It is understandable then why, once the decision to divorce is finally reached, couples just want it to be over with so they can get on with their lives. Rushing through the divorce process, however, can be a bad idea.

No matter the reasons behind a couple’s decision, divorce can be a very emotional process. Those emotions can hamper a couple’s ability to make good, sound decisions. Agreeing to something for the sake of getting the divorce over with can negatively impact life post-divorce. To learn more about why rushing through a divorce is never a good idea, read “How Long Will My Divorce Take?

Settlement_Agreement_AdobeStock_236389547-300x200When negotiating your divorce settlement, it is important to carefully review every detail. Once a settlement agreement is reviewed and signed by both parties, the divorce is considered finalized. What happens then if it is discovered that something has been left out of the agreement? What recourse, if any, do you have?

The answer depends, in part, on whether the oversight is discovered by both spouses who then agree on the distribution of the assets involved, or if only one spouse realizes that an oversight has been made and seeks to amend it. To learn more, read “Steps to Take When an Issue in a Divorce Settlement Is Overlooked.”

Retirement-plans-FL-blog-300x200The distribution of assets can be one of the most complicated and contentious aspects of any divorce. That applies to the division of retirement accounts, too. Failure to correctly identify the type of retirement plan involved can lead to tax complications down the line.

Distributions from IRAs and Qualified Retirement Accounts are subject to different tax treatments. Understanding the rules that apply to the division of assets from each type of account can help assure that any applicable tax burden is attributed to the correct party. To better understand these differences and their potential tax liabilities, read “How to Split IRAs and Other Retirement Plans During a Divorce.”

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