Our Blog

Family Law
Protecting your Finances During A Divorce
Mar 12, 2024

Protecting your Finances During A Divorce

The journey of divorce can be an emotionally challenging process, fraught with uncertainties and complex legalities. Among these complexities, the issue of financial protection often takes center stage. It’s crucial to understand the steps necessary to safeguard your financial future during this tumultuous time. 

Taking Stock of Shared Assets  

Firstly, it is essential to take stock of all shared assets. These may include properties, joint bank accounts, investments, and even retirement funds. Inventorying these assets provides a clear understanding of what is at stake in the divorce proceedings. Once identified, it’s advisable to monitor these assets closely to ensure that there aren’t any unusual withdrawals or transactions.

Understanding Property Division  

When it comes to property division, it’s important to note that the division isn’t always a fifty-fifty split. Many states operate under the principle of ‘equitable distribution,’ which means assets are divided in a fair but not necessarily equal manner. Understanding the laws of your specific state is paramount in this regard.

Managing Debts and Liabilities  

Dealing with debts and liabilities post-divorce is another critical aspect. Both spouses are generally responsible for any debt accrued during the marriage. It’s essential to determine who will be responsible for what portion of the debt after the divorce. This process can be complicated, especially when dealing with credit card debts and mortgages.

Protecting Against Joint Credit Card Debt  

One effective strategy to protect yourself from joint credit card debt is to close all joint accounts. It’s also advisable to establish credit in your own name, which can be instrumental in creating financial independence following the divorce.

Navigating Mortgages and Property Loans  

In terms of mortgages and property loans, it may be beneficial to sell the marital home and divide the proceeds. However, this decision should be made in consultation with your attorney and financial advisor, as tax implications and market conditions could impact the outcome.

Addressing Retirement Plans  

Divorce also brings about changes to retirement plans. If you or your spouse have retirement savings, these will likely need to be divided as part of the divorce settlement. It’s crucial to understand the specific rules governing these types of divisions, such as Qualified Domestic Relations Orders (QDROs), which allow funds in an employer retirement account to be separated and withdrawn without penalty and transferred to the spouse who didn’t contribute to the plan.

Contact Us for Support  

Protecting your finances during a divorce requires careful planning, attention to detail, and comprehensive knowledge about your assets, debts, and liabilities. It’s a process that can significantly impact your financial future.

You don’t have to navigate this path alone. At Villarrubia & Rosenberger, P.C., we bring over 25 years of experience in guiding clients through their divorce. We can help you make informed decisions that will protect your future and advocate for you every step of the way.

Don’t leave your financial future to chance. Contact us today and let our team of experienced attorneys provide the guidance and representation you need.




Get In Touch With Us

Schedule a Consultation!