Top 5 Financial Mistakes to Avoid During a Divorce

Going through a divorce can be one of the most challenging experiences in life, not just emotionally but financially as well. While Utah divorce rates have been declining, the most recent report states that 3.3 divorces occur per 1,000 inhabitants annually. Amidst the emotional turmoil, it’s easy to overlook crucial financial decisions that could have long-term impacts on your financial future.

Married couples going through divorce face financial difficulties, such as new expenses that arise as a single person or changes in handling money and assets. By hiring a capable lawyer, you can save time and money and protect the asset you likely care most about – your peace of mind.

At Brown Family Law, we want to spare you unnecessary time, stress, and money. Making informed decisions can help you avoid common mistakes that could affect your long-term financial stability. Below, we explore the top five financial missteps to steer clear of during the divorce process.

1. Underestimating the Value of Marital Assets

One of the most significant financial mistakes to avoid is underestimating the value of shared assets. Many couples overlook the true worth of their investments, retirement accounts, and even hidden assets. This oversight can have substantial repercussions during divorce proceedings.

It’s essential to create a comprehensive understanding of all assets, including financial accounts, investment accounts, insurance policies, and the marital home. Shared assets can often include hidden assets or undervalued properties, and one spouse may intentionally downplay the value of certain assets. If you are unaware of the full scope of your assets, you risk receiving an unfair divorce settlement.

Moreover, consider the asset’s cost basis, especially for investments that have appreciated over time. If you are unaware of the common financial mistakes when selling these assets, you might incur significant penalties or tax liabilities that could have been avoided. Consulting an experienced divorce attorney and financial planner can help you navigate these complexities effectively.

2. Ignoring Future Financial Implications

When going through a divorce, it’s easy to focus on the immediate financial ramifications and overlook the long-term consequences. For one, the costs associated with maintaining two households can be daunting. These changes in financial obligations should be factored into your post-divorce monthly budget living expenses.

Ignoring future financial implications is one common pitfall that can jeopardize your financial well-being. It’s crucial to consider how the divorce settlement will affect your long-term financial future, including retirement savings. Will you be able to sustain your lifestyle with one income? How will your social security benefits be impacted? These questions are vital for planning a financially secure future.

Furthermore, if you are a parent, your child support obligations will also affect your finances. Ensuring that these amounts are fair and manageable is critical. Working with a lawyer who knows family law can help clarify these responsibilities and ensure that the divorce agreement protects your interests.

3. Neglecting Tax Consequences

Tax implications are often overlooked during the divorce process, yet they can have a substantial impact on your financial well-being. Each financial decision you make can trigger different tax consequences, while not understanding these can lead to significant penalties down the line.

For instance, transferring assets during a divorce can have varying tax implications. Depending on the asset type, you might be responsible for capital gains taxes if sold after the transfer. Additionally, the tax treatment of retirement funds can be complex. If you receive your ex-spouse’s retirement account as part of the divorce settlement, make sure you understand the process for accessing these funds without incurring penalties.

Be mindful of the beneficiary designations on any life insurance policy and retirement accounts. You may need to update these designations to reflect your new situation, especially if your ex-spouse was previously listed. Utilizing a qualified domestic relations order (QDRO) can help manage the division of retirement funds without incurring tax penalties.

Additionally, the division of major assets like the family home may carry its own set of tax consequences. It’s crucial to work with your divorce attorney as well as a financial advisor to ensure you understand the tax implications of every decision you make during this period.

4. Overlooking Insurance Needs

Insurance coverage is a vital aspect of your financial security that can be easily overlooked during divorce. Both life insurance policies and health insurance plans may need to be reassessed to reflect your new circumstances.

If you were previously covered under your spouse’s health insurance, you will need to find alternative coverage once the divorce is finalized. Understanding how child support agreements factor into health insurance is also essential. If you have children, ensure that health insurance is factored into your support agreement.

Furthermore, it’s important to review and update beneficiary designations on life insurance policies and retirement accounts. If your ex-spouse remains listed as a beneficiary, this could lead to complications and unintended consequences. Professional advice can help you navigate these decisions to safeguard your financial future.

5. Making Hasty Financial Decisions

Divorce is an emotional time, and it can be tempting to make quick financial decisions to expedite the process. However, rushing into decisions without fully understanding their implications on your financial situation can lead to mistakes that could jeopardize your future.

Avoid settling for a fast resolution just to relieve stress. Take the time to evaluate your options carefully. This may involve negotiating the division of marital assets, considering the long-term impacts of child support, and thinking through your retirement savings strategy.

Working closely with a family law attorney and financial planner can provide you with the necessary insights to make informed decisions that benefit your long-term financial stability. Look for a law firm that puts their client’s best interests first place.

How Brown Family Law Can Help

Navigating the financial aspects of a divorce can be overwhelming, but you can set yourself up for success in your post-divorce life by avoiding the common pitfalls we have discussed in this article. Understanding the value of marital assets, anticipating future financial implications, and being aware of tax consequences is critical to maintaining your financial stability.

As you embark on this challenging journey, consider seeking professional advice from both a family law attorney and a financial planner. Together, they can provide you with the insights needed to make informed decisions, allowing you to emerge from the divorce process with confidence and clarity. By taking these steps, you can pave the way toward a financially secure future, free from the burdens of common financial pitfalls.

Remember, careful planning today can ensure a stable and promising tomorrow. At Brown Family Law, we prioritize your best interests, and we want to help you avoid making financial mistakes during this time. Contact us to schedule your divorce consultation today. 

Photo by Marek Studzinski on Unsplash