Page 7 of 10
Despite all the planning and preparation for a marriage, sometimes things don’t end in a “happily ever after” fashion. If you’re going through a divorce, there are steps you can take to detangle your financial life and protect the assets you brought into or accumulated during your marriage. Don’t assume your spouse will work nicely with you; divorce can be ugly. Here are some general tips to consider.
First and foremost, seek legal counsel from a reputable divorce attorney. Divorce can be a messy and emotional time. It’s important to have someone who’s not emotionally involved help you through the process.
Even with the assistance of an attorney, you need to educate yourself about the process of divorce. Know the divorce and property division laws in your state. No one looks after your best interests better than you.
Pull together a file with copies of important documents, including:
Consult a financial planner or CPA to talk about the financial and tax implications of decisions you’ll need to make.
Get a copy of your report from each of the three major credit reporting bureaus—Experian, TransUnion and Equifax—by visiting AnnualCreditReport.com. This is the quickest way to get an overview of debt, including credit cards, car loans and mortgages, in your name. Also notify them that further debt is not joint debt.
If you’re currently sharing an account, open your own checking and savings account. Remember to notify your employer of the new account if you take advantage of direct deposit. Open a new credit account in your name only.
Work with your spouse to determine who’ll pay for your joint debt. If you’re separated, notify your spouse in writing at least 10 days before you intend to close the account. Credit card companies don’t honor divorce decrees. If your spouse is deemed responsible for that debt and doesn’t pay, the company can come after you and any late payments will still affect your credit. Work with your creditors to transfer your joint debt to the person you deem responsible for paying it back.
Get appraisals of assets like jewelry and antiques. If you have valuables in a safety deposit box, verify the contents.
Change your will, trust and power of attorney documents.
Update all your insurance and investment policies, removing your spouse as beneficiary.
Work with your attorneys to decide who keeps the house and other assets. If you plan to keep the home, you’ll probably want to refinance the property in your name only. Home equity may need to be distributed to both parties.
If you change back to your maiden name after a divorce, you’ll need to contact the Social Security Administration. You’ll also need to update your driver’s license, vehicle registration, voter registration, passport, employee records, insurance policies, savings and investment accounts, etc.
If you have children, discuss child support and try to work out something that’s reasonable to both parties. Decide who’ll take the dependent tax exemptions for the children.
If you’re divorcing a spouse who has a history of domestic violence, protect your physical well-being first, then do all you can to protect your identity and assets. Call the following groups for additional support and resources: