In a divorce settlement, it’s common for both parties
to focus on immediate financial concerns. Yet it is the long-term
financial consequences of divorce that frequently are more
devastating. Here are some of the most frequent mistakes
and how to avoid them.
Taking the house. The spouse who will have custody of the
children typically wants to keep the family home. While this
may be desirable emotionally, it can be financially problematic,
caution financial planners.
A home is an illiquid asset that costs money to pay for
and maintain. The parent with the children—often the
woman—may not have the income resources to take care
of both the home and the children, particularly if they give
up other financial resources in return for the house. Consequently,
it may be better financially to sell the home and split the
proceeds.
Assuming equal is equal. The family home is a good example
of the mistake divorcing couples often make by “dividing
things down the middle.” Frequently the wife takes
the house and the husband keeps his pension or retirement
accounts. Say both are valued at $400,000. The home is a
cost-burden, while the retirement account is a liquid asset
that can continue to grow tax deferred, probably at a faster
growth rate than the home.
Not examining earnings potential. Often, one spouse has
minimized a career in order to raise children. The settlement
needs to take this into account, perhaps by providing extra
money to the homemaking spouse to pay for additional career
training or education.
Not thinking about taxes. Say it’s proposed that one
spouse keeps a $150,000 individual retirement account and
the other keeps a $150,000 taxable investment account. Sounds
fair. But it’s not. The owner of the IRA will have
to pay taxes on that money when it’s withdrawn, so
the two accounts are not truly equal in value.
Not following through with your attorney on the
QDRO. A
spouse who will be receiving part of his or her spouse’s
qualified retirement accounts will need a court order called
a “qualified domestic relations order.” (Nonqualified
plans such as deferred compensation or stock options do not
need a QDRO.)
But mistakes can cause major problems. First, be sure your
attorney is aware of all retirement accounts and that the
attorney examines what rules each plan has for QDROs, as
they vary from plan to plan.
To expedite the QDRO, have your attorney obtain pre-approval
from the plans before the settlement is final. The court
must sign the order before an account can be divided. Be
sure the order is sent to the retirement plan and is approved
by the plan early in the divorce process. If not completed
before the divorce is final, you’ll have to go back
to the court later, and you run the possible risk of your
ex-spouse cleaning out the account.
Not including survivor’s benefits in the QDRO. If
you will be receiving retirement benefits from your former
spouse’s pension, be sure the QDRO includes survivor’s
benefits, if the plan allows them. Otherwise, those benefits
could stop if your spouse dies before you do.
Also pay attention to Social Security benefits. For example,
if your spouse makes significantly more money than you do
and you’ve been married ten years or more, you will
be eligible for Social Security benefits based on your spouse’s
work history. That may mean higher benefits than if you have
to rely on your own work history.
Not insuring the divorced spouse. If you will be relying
on your ex-spouse for child support, retirement benefits,
alimony, or other financial benefits such as a commitment
to pay for the children’s college education, take out
a life insurance policy on your spouse to ensure the money
will be there. You should own the policy, so you know they
are keeping up the payments. And buy the policy before the
settlement is final, so you know whether they’re insurable.
Only using a lawyer. Have a CERTIFIED FINANCIAL PLANNER™ professional
trained in divorce financial issues work alongside your attorney.
A planner can objectively examine long-range issues such
as budgeting, appreciation and tax ramifications of proposed
settlement assets, and long-term costs associated with settlement
proposals. By working with your attorney, a financial planner
can help ensure the divorce settlement is financially fair
to you.