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THE LIFESTYLE MAGAZINE FOR THE RIO GRANDE VALLEY

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Financial Planning in a Divorce Settlement
Provided By: Melissa Magaña, Financial Advisor
Wachovia Securities, LLC, Member NYSE/SIPC
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Marriage confers many financial protections, rights and benefits on a couple. But by the same token, the dissolution of a marriage through divorce requires
unraveling a household’s structure. It is often the immediate effects of the transition that take center stage — who will stay in the house, what will happen with the children, how joint property will be split or liquidated. But to create an equitable settlement for you and your spouse, it is important to consider the long-term financial impact of the division.

Smoothing Emotional Discussions

Divorcing couples are often anxious to get the process over with as soon as possible. Or perhaps one party hopes to reconcile and doesn’t want to alienate the spouse. “No matter how amiable the divorce is, discussions about assets, liabilities and finances can be emotionally draining, inconvenient and expensive,” says Anne Lober, a partner with Sherman, Williams, Lober & Thompson in Santa Cruz, Calif., which publishes www.divorcehelp.com. The average length of a U.S. divorce process is one year, according to the Institute of Divorce Financial Analysts. Bringing a third party into the decisionmaking process can help ease the negotiations. While it is common to consult a divorce attorney, engaging a qualified financial advisor early in the process as well can provide a thorough knowledge base for financial decisions. This may save time and money.

A qualified professional can help you prioritize goals for your situation and forecast a settlement’s long-term effects related to:

Retirement Planning.

Strategies for dividing pension plans, qualified retirement plans and stockoption elections.
Valuation of assets. Considerations related to the growth potential of your assets, like inflation, future earning potential and compound interest.
Tax liabilities. The taxable results of transferring or selling assets.
Cost-of-living expenses. Continued health insurance premiums, life insurance and long-term cash flow needs.

Real Estate Trade-Offs

Although real estate is often the largest portion of a couple’s net worth, it is also an illiquid asset that may be expensive to maintain with just one income.
While it may make financial sense to sell the home and split the proceeds, this adds to the emotional weight of the divorce, and one or both parties may try to keep the house.

Generally speaking, the transfer of real estate during a divorce is nontaxable. However, any property acquired as part of a settlement will be taxed in the future. When determining the financial effect of keeping the house, it’s important to remember that “cost basis — not just the current market value of the asset — needs to be taken into consideration prior to the divorce settlement,” explains Lober. For example, say a couple bought a home for $40,000 30 years ago and it is now worth $425,000. The unrealized capital gain is $385,000 — $135,000 more than the $250,000 exclusion that the person who keeps the house is allowed as an individual. If the person sells the house, he or she will have to pay taxes on that $135,000. Had the couple sold the house before they divorced, they could have used their combined $500,000 exclusion
and paid no taxes.


 



Planning for the Future

Everything acquired during marriage, no matter whose name it is in, is typically considered marital property. This includes pensions and retirement accounts.
One party may choose to keep these assets for their long-term growth potential, offsetting them with other assets to create an equitable settlement.

Keep in mind, however, that funds in a 401(k) or an IRA normally cannot be accessed before age 59½ without incurring a 10 percent penalty tax for early withdrawal, so these assets should not be considered the same as cash.
A Qualified Domestic Relations Order (QDRO) is the legal document that divides up a qualified pension or retirement account pursuant to a divorce. A qualified specialist can help with the many nuances that go into a QDRO.

Even though a divorce may be consuming in the present, planning for the future is an essential part of every settlement. Your Financial Advisor can help you and your tax and legal advisors with the financial aspects, both present and future, to help you reach the best decision possible for your situation.

Together, we can discuss:

Costs of living post divorce
Offsetting the value of a business in a divorce settlement
Determining how much alimony should be granted, and for how long.
This article was written by Wachovia Securities and provided to you by Melissa Magana, Financial Advisor.
0907-64640
Wachovia Securities is the trade name used by two separate, registered broker- dealers and nonbank affiliates of Wachovia Corporation providing certain
retail securities brokerage services: Wachovia Securities, LLC Member, NYSE/SIPC, and Wachovia Securities Financial Network, LLC (WSFN), Member FINRA/SIPC
The accuracy and completeness of this article are not guaranteed. The opinions expressed are those of the author(s) and are not necessarily those of Wachovia
Securities or its affiliates. The material is distributed solely for information purposes and is not a solicitation or an offer to buy any security or instrument or to participate in any trading strategy. Provided by courtesy of Melissa
Magana, a Financial Advisor with Wachovia Securities in McAllen, TX. For more information, please call Melissa Magana at 956-687-7211. Wachovia Securities, LLC, member FINRA and SIPC, is a separate nonbank affiliate of Wachovia Corporation. ©2008 Wachovia Securities, LLC. Investments
in securities and insurance products: NOT FDIC INSURED/NOT BANKGUARANTEED/ MAY LOSE VALUE

 


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