29 March, 2009

Good 2 "Knows"

Since 1994 most states have adopted the recommendations set out by the National Council of Juvenile and Family-Court Judges, who advise that custody be given to the non-abusive partner

  • Questions about the marital home and divorce.
  • Questions about divorce and business assets
  • Questions about dividing retirement assets
  • Questions about inheritance and divorce
  • Questions about debts in divorce 
  • Are gifts considered separate or marital property?
  • Is property given as a gift considered joint property?
  • Can my husband get half of the house that my dad gave me?
  • Is property is divided by whose name is on the title?
  • Do I have to tell his lawyer about my personal bank account?
  • Can I make him repay the money he cleaned out my bank account?
  • Can I withdraw money from his account to help support our kids?
  • Are finances automatically frozen when a divorce is filed?
  • What am I entitled to if he sells property before we get a divorce?
  • How is everything split if it's a short marriage?
  • What am I entitled to after a long marriage?
  • Do we have to list all the community property?
  • What happens if we can't reach an agreement?
  • Is he entitled to my vehicle?
  • What can I do if the car is in his name?
  • What if he sells the business vehicle before we divorce?
  • What if he won't sign the car over to me like agreed?
  • Am I entitled to part of his bonus from work?
  • Is he entitled to my severance pay?
  • Do I have to give him half of my stock?
  • How are stock options divided after divorce?
  • How can I find out if my husband is hiding assets?
  • What should I do about property he leaves behind?
  • Am I entitled to part of the tax refund if we aren't divorced yet?

  • Regarding income tax debt, even if the divorce is final, you may not be exempt from future tax liability. For three years after the divorce, the IRS can perform a random audit of a divorced couple's joint tax return. If it has good cause, the IRS can question a joint return for seven years. To avoid any potential problems down the road, your divorce agreement should have provisions that spell out what happens if any additional penalties, interest or taxes are found as well as where the funds come from to pay for any expenses associated with an audit.

    Most divorce decrees call for one of the parties to obtain a life insurance policy to insure the value of alimony payments, child support or some other financial need. If you are the person for whom the insurance is obtained, it is critical that you are either the owner or irrevocable beneficiary of the policy.

    A Certified Divorce Financial Analyst can help you project several years into the future and determine if you'll have enough resources to support your current lifestyle as well as your retirement years.  This analysis should be completed prior to a settlement. If it is determined that you will be unable to maintain your lifestyle with the proposed offer, you have established a good case to request more assets, alimony or child support.

    There are multiple resources and methods used by financial professionals and attorneys to uncover potential hidden assets. Being aware of these may help you avoid being victimized by a dishonest spouse. Forensic accountants are generally the most commonly utilized professionals to assist in this area.

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