Here's a tip that most people don't know about. More and more people are now buying long term care insurance. The lower earning spouse in a divorce may be especially concerned about how to pay the bills if they have to go to assisted living or a nursing home later in their life.
Michelle and Kyle were getting divorced. Michelle was very worried about growing old by herself and what would happen to her if she became ill. She found out that if she and Kyle applied for long term care insurance before they divorced, they would get a "couple's" discount of up to 30-40%. And after the divorce was final, the premium would not go up - the discount still applied so they both saved money.
But what if Michelle wanted the long term care insurance and Kyle didn't? Michelle could still get a couple's discount but it would be lower - perhaps only 15-20%.
Every little bit helps and over years of paying premiums, this discount can really make a difference!
Wednesday, June 27, 2007
Wednesday, June 20, 2007
Modification of Child Support
Kate and Alec had two children, ages 5 and 7, when they divorced. No matter what Kate said, Alec refused to include in their divorce agreement a clause which would increase child support each year by inflation. As the children grew up, they became more expensive and Kate was having trouble making ends meet. She contacted Alec to tell him about her situation and how much the children's expenses had increased. Alec said, "So sue me." So she did.
After being served with a court date, Alec reluctantly agreed to increase child support to the amount according to the child support guidelines, using his current income and the children's current expenses, not the income and expenses at the time of the divorce.
Every parent knows first hand, the expense that goes into raising a child in this day and age. This becomes an even more daunting expense when two incomes suddenly become one. Children often become pawns in the midst of divorce proceedings, whether intentional or not.
Remember---child support is ALWAYS modifiable.
After being served with a court date, Alec reluctantly agreed to increase child support to the amount according to the child support guidelines, using his current income and the children's current expenses, not the income and expenses at the time of the divorce.
Every parent knows first hand, the expense that goes into raising a child in this day and age. This becomes an even more daunting expense when two incomes suddenly become one. Children often become pawns in the midst of divorce proceedings, whether intentional or not.
Remember---child support is ALWAYS modifiable.
Wednesday, June 13, 2007
Research the value of retirement assets
Janet and Kevin are in the midst of a divorce. Kevin has a defined benefit pension which will pay him $2,300 per month when he retires. Janet decides that a few thousand dollars is not worth fighting over - besides she would rather get the $12,000 baby-grand piano they recently purchased for their den.
Wrong decision. Janet has made a costly mistake. Why? Because the present value of Kevin's pension is more than $250,000! Instead of taking the piano, she could have exchanged her half of Kevin's pension upfront for $125,000 worth of another asset, leaving Kevin with is pension. Or she could have chosen to wait until Kevin retires to get her part of the marital portion of his benefit. What seemed to have only been a few thousand dollars on the surface, proved to be a costly mistake in the end.
To get a FREE report "Top 10 Money Mistakes in Divorce," go to www.carolannwilson.com.
Wrong decision. Janet has made a costly mistake. Why? Because the present value of Kevin's pension is more than $250,000! Instead of taking the piano, she could have exchanged her half of Kevin's pension upfront for $125,000 worth of another asset, leaving Kevin with is pension. Or she could have chosen to wait until Kevin retires to get her part of the marital portion of his benefit. What seemed to have only been a few thousand dollars on the surface, proved to be a costly mistake in the end.
To get a FREE report "Top 10 Money Mistakes in Divorce," go to www.carolannwilson.com.
Wednesday, May 30, 2007
Dividing assets in a divorce
Dividing your property can be one of the most challenging and convoluted aspects of your divorce. What appears to be an easy decision such as I want the house, you keep the cars, may in the end deliver you a settlement you hadn't bargained for.
Janet and Jake are getting divorced and they are both age 64. They had two assets: a 401k worth $120,000 and a money market worth $120,000. Janet was really concerned about retirement and wanted to take the retirement fund. It felt more secure to her. Two years later, they each wanted to buy a small house. Jake took $90,000 for a down payment out of his money market fund to make the down payment on his house. Janet asked for $90,000 from the 401k to make a down payment on her house but the net amount she realized was only $60,000 due to the taxes she owed on money from a retirement fund!
Remember that you cannot compare a cash account with a retirement fund because of the tax issues. This is one area that many people do not think about.
Janet and Jake are getting divorced and they are both age 64. They had two assets: a 401k worth $120,000 and a money market worth $120,000. Janet was really concerned about retirement and wanted to take the retirement fund. It felt more secure to her. Two years later, they each wanted to buy a small house. Jake took $90,000 for a down payment out of his money market fund to make the down payment on his house. Janet asked for $90,000 from the 401k to make a down payment on her house but the net amount she realized was only $60,000 due to the taxes she owed on money from a retirement fund!
Remember that you cannot compare a cash account with a retirement fund because of the tax issues. This is one area that many people do not think about.
Wednesday, May 23, 2007
Big mistake in divorce
There are lots of mistakes made in getting divorced. Let me tell you about one of my very first clients.
During their marriage, Joyce's husband had done all of the investing of their money. He had chosen all of the investments, and made all of the financial decisions. At divorce time, he said, "Let's just split everything 50/50. You take this half of the investments and I'll take that half. Is that okay?" Joyce thought that sounded pretty fair so she agreed. She talked to her attorney and the attorney thought it sounded okay, too.
Joyce came to me after the divorce to do a financial plan and I saw what really happened. What no one realized - Joyce, her attorney, and the judge - was that Joyce's half of the investments included all the limited partnerships. They are known to be illiquid and high risk. She couldn't get at the money - it was all tied up for years. And the worst part was that she owed an additional $18,000 in taxes because of the way the partnerships were structured!
If Joyce had only come to me before her divorce was final so that I could look at the assets, I could have explained to her how the different assets worked and she could have made a more intelligent decision.
It is so important for people going through divorce to consult with a trained financial divorce professional. We often know more about their assets than their attorney!
During their marriage, Joyce's husband had done all of the investing of their money. He had chosen all of the investments, and made all of the financial decisions. At divorce time, he said, "Let's just split everything 50/50. You take this half of the investments and I'll take that half. Is that okay?" Joyce thought that sounded pretty fair so she agreed. She talked to her attorney and the attorney thought it sounded okay, too.
Joyce came to me after the divorce to do a financial plan and I saw what really happened. What no one realized - Joyce, her attorney, and the judge - was that Joyce's half of the investments included all the limited partnerships. They are known to be illiquid and high risk. She couldn't get at the money - it was all tied up for years. And the worst part was that she owed an additional $18,000 in taxes because of the way the partnerships were structured!
If Joyce had only come to me before her divorce was final so that I could look at the assets, I could have explained to her how the different assets worked and she could have made a more intelligent decision.
It is so important for people going through divorce to consult with a trained financial divorce professional. We often know more about their assets than their attorney!
Tuesday, May 8, 2007
Problems with dividing a business in divorce
Joyce was married to Carl who owned a large business in Denver. During their divorce proceedings, the value of the business was furnished by the CPA who worked for the business. He said the value was $360,000. We wanted Joyce to get the business appraised but she was nervous about the high cost of an appraisal (about $4,500). Then Joyce said, "Do you think it really could only be worth $360,000? I worked there last summer and I know they take in several million dollars a year."
Well, we finally talked Joyce into getting the business appraised by an outside appraiser. The final value came in at $850,000 - a good return on her investment! Lesson: Don't use an employee of the business to give you the appraised value, especially if he works for the other side!
Well, we finally talked Joyce into getting the business appraised by an outside appraiser. The final value came in at $850,000 - a good return on her investment! Lesson: Don't use an employee of the business to give you the appraised value, especially if he works for the other side!
The worst case of dividing a business
But the worst situation of dividing a business was one I was involved with on the East coast. The husband owned a large business that he said was worth $6 million and that the wife would get half - or $3 million. We tried to convince her to get it appraised, but husband was threatening to make trouble over the children if she messed with his business and she didn't want that. He did offer to pay her $10,000 per month for 10 years so she could continue her lifestyle without having to work. She thought that was fair. No matter what we said to her, she was firm and she took his offer.
Result? Within 6 months, he sold his business for $67 million! Now you know, he must have been in the middle of negotiations when the divorce took place.
Result? Within 6 months, he sold his business for $67 million! Now you know, he must have been in the middle of negotiations when the divorce took place.
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