Divorces are sometimes amicable and sometimes grueling. Either way, assets are often caught in the crossfire. In this situation, assets are what you, your spouse, or both of you own. They hold monetary value and can be converted into cash.
It’s vital to protect and divide your assets fairly during a divorce. However, it can be stressful, especially if you’re having a rough split.
This article lists down key tips on how to protect assets during divorce so the process becomes less draining.
1. Catalog Your Assets
Make a catalog of everything you own. Your list should include bank accounts, retirement accounts, investments, physical items, and any properties you own. Knowing what you have and how much each item is worth will help you negotiate a fair settlement.
Different Types of Assets
That being said, you should understand the various types of assets. It will make cataloging each one much easier. There are two main types, which are:
- Marital property: These assets are acquired during the marriage, regardless of ownership. The family home, vehicles, joint bank and retirement accounts accrued during the marriage are examples of marital assets.
- Separate property: These are assets that belong to one spouse alone. They’re acquired before the marriage or through inheritance or gifts during the marriage.
It can get overwhelming having to note every asset you have during this time. Support from a family law attorney in Ogden or your city could help you here. Legal experts understand the challenges of asset protection during a divorce and will do their best to ensure you get what you truly own.
2. Be Proactive with Prenuptial or Postnuptial Agreements
Protecting and dividing assets will be easier if you have a prenuptial and postnuptial agreement in place. These legal documents are must-haves in the event of a divorce. Here’s what they include in more detail:
- Prenuptial agreement: This agreement outlines asset division and is made before marriage. It’s an essential instrument for safeguarding businesses, large investments, or premarital assets.
- Postnuptial agreement: This agreement can function similarly if you’re already married and didn’t sign a prenuptial agreement. It specifies how assets would be divided in case of a divorce and is signed after marriage.
Both agreements provide protection and clarity during a divorce. That’s why many divorce attorneys advise getting a prenuptial and postnuptial agreement. The documents ensure that your assets are divided according to your wishes rather than being left to state laws or the court to decide.
3. Open Your Own Financial Accounts
Knowing how to protect assets during divorce means understanding that you must have your own bank accounts. If you and your spouse share a joint account, opening separate ones during this time is best. It might be a sensitive issue, but it safeguards both your and your spouse’s assets.
You should open credit cards, bank accounts, and other relevant financial accounts. Once you’re settled, start building credit with your own name.
Having a separate account helps you establish financial independence and lets you control your own money. It also prevents your savings and income from intermingling with your spouse’s assets.
4. Assess Your Investments and Retirement Accounts
Dividing significant assets like your investments and retirement accounts can be complex in a divorce process. Retirement accounts, in particular, may be considered marital assets in some states. It could be subject to division even if only one spouse contributed.
Investments like stocks, bonds, and mutual funds can also be divided. You must understand the current value of your assets and how they will be divided as part of the settlement.
You need a Qualified Domestic Relations Order (QDRO) from a court to divide retirement benefits like 401(k)s and pensions during divorce proceedings. This court order allows the distribution of retirement funds as specified in the divorce settlement while avoiding early withdrawal fees and tax consequences.
5. Don’t Hide Your Money
Hiding your money is not part of how to protect assets during divorce. It’s illegal and unethical and will make dividing them much harder. It can also lead to serious negative consequences in court.
If the courts catch you hiding assets, you could pay fines, or asset division will skew in favor of your spouse. So, you must be transparent and honest about your assets for a fair settlement. It’s better and wiser to protect your property rightfully and legally.
6. Remember Your Taxes
When negotiating a settlement, you need to keep in mind tax implications. Dividing assets, child support, and alimony have tax consequences that could affect your financial situation. For instance, if you’re going to receive or pay alimony, you must factor in the tax consequences of that income.
Consider discussing your projected support payments with a trusted tax professional. They can help you navigate these complexities so you’re not surprised by unexpected bills when tax season comes.
7. Seek a Divorce Financial Advisor
Money is a demanding subject during a divorce. To help you, consider hiring a financial advisor, especially one experienced in asset protection during a split.
A divorce financial advisor can assist you in understanding your financial situation and develop a plan for when everything’s settled. Comprehensive financial assessments are vital as they’ll aid you in negotiations. An expert will also guide you on budgeting, investing, and retirement planning.
8. Prioritize Your Emotional Well-Being
While protecting your assets is essential, don’t do so at the expense of your emotional well-being. Divorce can be a stressful process. But if you let your emotions take control, you could make wrong decisions and snap judgments.
Keep your emotions out of financial negotiations. Focus on what will benefit you in the long run than deciding while you’re hurt or mad.
You don’t have to work alone. Join a support group for individuals undergoing a divorce to receive emotional assistance and advice.
Then, prioritize your future. The divorce process is a temporary situation. Your goal is financial security, so remember that as you make crucial decisions.
Final Thoughts
Now, you should know how to protect assets during divorce. It can sometimes get challenging, but that’s normal for such an event. When you catalog your assets, open your own accounts, and remain transparent, you may encounter fewer issues in the asset division.
A family law attorney can provide assistance and legal advice during this trying time. You deserve all the help you need to carve an emotionally and financially secure future.
