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DIVORCE PLANNING |
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Is divorce planning like estate (after death financial) planning? |
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Do you mean that people actually plan their divorce years ahead? |
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What are typical divorce planning strategies? |
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How do I guard against divorce planning? |
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| Q: |
Is divorce planning like estate (after death financial) planning? |
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A little bit, but not much. Estate planning is proper. Estate planning often encompasses projecting and providing for the needs of those who have been financially dependent on you, designates those who should be your beneficiaries and tries to avoid estate taxes. This is proper and morally positive. Divorce planning, however, usually is an attempt to deny the other spouse of entitlement. |
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| Q: |
Do you mean that people actually plan their divorce years ahead? |
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Yes. I know of one case where the man, who owned a successful business, planned the divorce about three years ahead. In the divorce the wife, despite going through four lawyers, was unsuccessful in being able to prove the husband's ownership of any significant assets and much more than a minimum wage. The husband made a very favorable divorce settlement. |
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| Q: |
What are typical divorce planning strategies? |
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Removal of Financial Papers From the Home . These financial papers include income tax returns, financial statements, stock brokerage account documents, banking papers, deposit slips, canceled checks (and bank statements), life insurance policies, statements from employer as to pension benefits, expense account statements.
Reducing Income . If the spouse is in business for himself or can control his income (for example, commissions), divorce planning may also include purposeful income reduction.
Hiding Income. Sometimes the husband who either owns a small business, or has a professional practice, is romantically involved with a female assistant, secretary, bookkeeper or nurse, and will lay off part of his income on her as wages.
Hiding Property . Properties owned by the spouse may be transferred to others, usually relatives, sometimes close friends, or new assets will be acquired in someone else = s name. Sometimes cash deposits are made in a custodial account in the name of a child.
Order of Protection . If your spouse believes there may be contested litigation for the custody of your child(ren) she may seek an advantage by not starting with divorce proceedings, but starting with an order of protection taking you out of the house. Orders of protection can be obtained, in the first instance, without notice to you. You are merely ordered out of the house. Your spouse will try to provoke you to action (hitting, harassment etc.) that will be a basis for the order of protection. Protect yourself by walking away from any confrontation. |
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| Q: |
How do I guard against divorce planning? |
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While a marriage should not start by contemplating the possibility of a divorce, it is surprising how many spouses (sometimes it is the husband and sometimes the wife) do not know the basics of the family's finances, such as how much the spouse's pay is, whether there is a pension plan etc. The best safeguard against divorce planning is an awareness of the family's financial situation and being a partner in the financial aspects of the marriage.
If you sense a divorce is coming, or you're involved in one, obtain and copy all of the financial papers you can find in the house, or elsewhere. If you are uncertain what to copy, copy everything with dollar signs and numbers.
Check your spouse's trunk and briefcase for documents your spouse may be hiding. The trunk and briefcase are favorite hiding places. Also check your spouse's e-mails in and out.
Check your spouse's telephone bills, especially cell phone bills. Also check credit card statements. These will give you clues to your spouse's activities.
When you are involved in a divorce, you can have a subpoena issued. If there is a safety deposit box you can subpoena a record of who entered the box and when. The records will not, however, tell you what is in the box, or what has been removed.
Is a salary increase overdue, have bonuses or commissions been deferred? If a spouse is an owner, or part-owner of a business, is the business retaining an extraordinarily high cash reserve which actually should have been distributed to the owners?
Financial statements submitted by a spouse to a bank, usually in connection with a loan application, are a wonderful source of information because usually the loan applicant will try to put on as good as possible a financial face.
If the spouse employs others, a disgruntled former employee may be a good source of intelligence. |
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