Make your financial concerns the centerpiece of your divorce, and work within the framework of the law. That is the most powerful position you can take. If you think financially and act legally, you will be able to anticipate risks and assess your needs, before a financial disaster hits.
No one wants to negotiate for an asset in a divorce and then be unable to sell it because they'd owe too much in taxes. Why should you go through the nightmare of settlement negotiations only to end up losing everything you fought for six months after the divorce is over?
Remember: The legal process of divorce is something you will live through-but the financial reality is what you will have to live with for the rest of your life. In a divorce, it's not what you get that counts-it's what you keep. Here are some examples of legal and financial stages.
Legal Stage
Consult an attorney or do some research at a law library to learn about your legal rights and responsibilities. In particular, investigate how your state's laws regarding separation affect custody, alimony, child support, debts incurred after separation, and increases and decreases in the value of marital assets after separation.
Financial Stage
Gather together your financial papers and make copies of all documents. Investigate the financial impact of separation. Close or freeze access to joint accounts. Open accounts in your own name before filing for divorce.
Legal Stage
Physically separate. For some couples, this means moving apart. For others, it's living in different parts of the house and no longer sleeping together. Additionally, your state law may use its own criteria to define the date of marital separation. Consult with an attorney to determine the rules in your state.
Financial Stage
Keep track of debts incurred before and after separation, joint bills paid, and improvements made to property during separation. Keep receipts for moving and other expenses. Update insurance as necessary. Think about whether you will file taxes jointly or separately
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