If you do not have a pension as your primary retirement vehicle, then you likely have a 401k or IRA. The money that accumulates as a result of your contributions during the marriage is considered a marital asset. By contrast, the portion accumulated before the […]
Jill has been divorced for five years. Her separation agreement stated she would receive $5,000 per month of spousal maintenance for four years. She was also owed a property settlement payment of $200,000. This was to be paid at the rate of $50,000 per year […]
Dividing a family business can present many issues, so here are a few made-up examples of common issues and the outcomes. One common situation is when there “should” be a business valuation, but it never is completed. Shawn and Jennifer had been married for 35 […]
One of the most significant problems with QDROs is not having them prepared before the divorce is final. The reason this is such an enormous problem is that after the divorce is final, the former spouse has no rights to something that was not legally […]
Maintenance payments stop upon the payer’s death. A simple way to protect future payments is to have the divorce decree stipulate that life insurance be carried on the life of the payer to replace maintenance in the event of the payer’s death. It’s recommend that […]
In the course of discovery (sharing documents and financial information with the opposing side), occasionally there is reason to believe information is purposely being hidden or withheld. The following (partial) list of items to research may assist in determining the whereabouts of hidden assets or […]
A few states place monetary value on degrees such as a medical degree, a dental degree, or a law degree. That’s not the case in Colorado, so the value of a degree needs to be evaluated in a different way. Some corporate employees have many […]
Before the Tax Relief Act 1997 (TRA ’97), if one spouse left the house two years before the divorce was final, they lost their ability to roll forward their capital gain. In cases where there is significant capital gain in the family home, TRA ’97 […]
Here are some of the most common concerns of the older divorcing client: Limited Income—Many couples stay married because it’s just not financially feasible to split up and have two separate households. And in cases where the clients do want to divorce, figuring how to […]
One of the most often missed topics in divorce planning is basis. Whether we’re talking about the house, stocks or other real estate, knowing the basis is a must when taking on the task of separating property. Consider the following case study. Kris and Brian […]