Planning for Divorce: Documents You Need and Other Considerations
- Becoming a financial
victim by not planning for your divorce.
- Have copies of your
marriage certificate, state/county/city/date of marriage.
- Common mistake is
relying more on the advice of family and friends than on your lawyer.
- Common mistake is
withholding information from your lawyer because you’re afraid of things
you said or did will get you into trouble.
- Common mistake is
letting your emotions control your decisions, keep your emotions under
control, use your head not your heart.
- Not knowing your assets
and their worth. Real estate, cars,
trucks, boats, jet-skis, household furniture, furnishings, bank accounts,
investments, stocks, stock options, bonds, other securities, 401k,
pensions, IRA’s, life insurance, annuities, oil and gas interests,
royalties, antiques, guns, coins, jewelry, fine art, property owned prior
to marriage, accounts receivable, investment property, rental properties,
vacation homes.
- Bringing an emotional
attachment to assets.
- Failure to Consider the
Impact of Taxes.
- Not Understanding the
Rules of Retirement Accounts.
- Overlooking Debt and
Credit Rating Issues. Credit cards, debit cards, notes payable, loans,
medical bills, utilities.
- Get a copy of your
credit ratings from all three companies.
- Not Maintaining Control
Over Insurance Policies
- Failure to Accurately Budget
- Failure to Identify
Hidden Assets
- Failing to include
college costs for the children and impact of inflation
- Failing to take into
consideration Social Security Benefits
- Failing to adequately
insure the divorce settlement. If premature death or disability occurs
this could affect spousal support, child support, college tuition of
property settlement.
- After divorce failing to
change will and beneficiaries
- Counting on your ex to
honor financial commitments.
- Failing to make a clean
financial break.
- Hanging onto the house
at all costs.
- Consider changing your
name to maiden name.
- Prepare for health
coverage after the divorce.
- If domestic violence has
occurred: consider name change
of children and social security numbers changed for children and
wife/husband victim.
- Vital documents you
should have for the divorce. Prenuptial
agreement, Deeds, mortgages, closing statements, tax records/returns (5
years), real estate appraisals, pay stubs both spouses, bank statements,
canceled checks, deposit slips (at least 5 years bank records), monthly
expenses, home improvements, records of all sources of income, judgments
against either spouse, judgments held by either spouse, records of
previous child support payments, charge card statements 3 years, all
promissory notes, car loan documents, dividend and interest statements,
safe deposit box list of all contents make copies, documentation of any
inheritance, loan applications (car, personal loan, any other), savings
account statements, statements of certificates of deposits, IRA
statements, trust documents, other documents sowing savings, life
insurance policies, property and liability insurance policies, disability
insurance policies, family hospitalization plan/insurance coverage, living
wills, durable power of attorney for health care, durable power of
attorney financial, advance health care directives, appointment diaries,
U.S. Passports, copies of power of attorney, claims made for auto
accidents/accidents at work, workers compensation claims, unemployment
claims, claims against others for damage, resume of both parties, Keogh
plan documents, 401K documents, pension plan records, business tax returns
5 years, business bank statements, canceled checks and deposit slips,
business loan documents, business appointment diaries, advertising
brochures and material given to prospective customers, partnership
agreements and other business agreements, buy/sell agreements, business
credit card records, corporate documents including by-laws, operating
agreements, articles of incorporation, records filed with secretary of
state, documents filed with SEC, business cards, office/building leases,
records showing business accounts receivable and accounts payable,
business appraisals, business deeds, mortgage notes, profit sharing
through employment documents, employment contracts.
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