It is easy to make a financial mistake in your divorce case. There are many opportunities to do so and their potential impact can be dramatic. When it comes to your finances, a divorce has the ability to either set you up for success in your post-divorce years or set you back through a combination of bad circumstances, bad decision making and poor planning.
Avoid Costly Mistakes in Your Divorce Case
Divorce cases often present opportunities to make mistakes that can dramatically impact your life. Financial decisions during a divorce can either set you up for post-divorce success or hinder you through poor planning. To steer your divorce in the right direction, focus on early planning and make informed decisions.
Develop a Game Plan Early
Establishing a game plan for your divorce as soon as possible is crucial. While your children may naturally be top of mind, your finances deserve equal attention. Avoid letting financial considerations slip by, as doing so can lead to future complications.
Face Financial Challenges Directly
It’s understandable to prioritize your children over finances. However, addressing financial challenges head-on can prevent avoidable consequences. By following a few simple, intentional steps, you’ll be in a better position to handle your case effectively, even when stress levels are high.
Understand Your Community Property and Debts
In Texas, all property acquired during marriage is considered community property, which you and your spouse share equally. When dividing community property and debts, fully understand what you own and owe. Clarifying your financial picture makes negotiations smoother and more successful.
Compile a comprehensive list of assets and debts, including when they were acquired, their values, and whether they are community or separate property. This groundwork enables informed negotiations, ensuring fairness in property division.
If you hold complex assets such as 401(k)s, business interests, or real estate, consider hiring an appraiser or Certified Public Accountant (CPA) to assess these items accurately. Knowing the true value of your assets helps you plan effectively for the future.
Secure Support Payments with Insurance
If you are set to receive spousal maintenance or child support, ensure these payments are backed by a life insurance policy. In the event of your ex-spouse’s unexpected death, this policy can help you avoid financial strain by providing a lump sum payout. Negotiate for a life insurance requirement in your divorce decree to secure this protection.
Manage Expectations for Financial Adjustments
Divorce often means adapting to a single-income household, which may require budgeting adjustments. Unexpected costs, such as attorney fees and temporary spousal support, can stretch finances. If money is already tight, address these potential issues early on to prevent ongoing financial hardship.
Set Up a Budget
Creating a household budget enables you to track income and spending effectively. Proper budgeting helps prevent financial surprises and allows you to manage your finances confidently during and after the divorce. If necessary, discuss payment plans with your attorney to keep legal services accessible.
Think Long-Term
In a divorce, it’s easy to get overwhelmed by immediate tasks like dividing property or negotiating child support. However, focusing on long-term financial implications is just as critical. Child support payments, for instance, won’t last forever, and planning for post-divorce finances is essential.
Retirement planning, though often overlooked, is vital. Your final divorce decree should outline a clear plan for dividing retirement accounts, typically through a qualified domestic relations order (QDRO). Work with your attorney to ensure all details align with retirement plan requirements for a seamless transition.
Embrace Positive Change
Change can be daunting, especially during a divorce. Fear of the unknown might hold you back from pursuing a new, fulfilling path. Recognize that a fresh start may be what you need to thrive. Take proactive steps to learn about the divorce process and explore your options with confidence.
Consult with an Experienced Divorce Attorney
Researching the divorce process can provide clarity and confidence. For personalized guidance, schedule a consultation with the Law Office of Bryan Fagan. Our licensed family law attorneys offer free consultations six days a week, giving you the opportunity to receive tailored advice on your unique situation.
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- Financial Planning in a Texas divorce: What not to do
- Common divorce mistakes (and how to avoid them!)
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
