Three Ways to Keep Divorce from Wrecking Your Retirement

by | Mar 29, 2021

While retirement might not be in the forefront of your mind during a divorce, it’s something that needs to be considered, especially if your facing a “gray divorce.” Divorce can have a profound impact on your retirement savings and financial future. Depending on the circumstances of your split, you may see your retirement prospects change dramatically.

So, how do you keep a divorce from wrecking your retirement? TruNorth Divorce has put together a list of three things to best protect your retirement.

1. Work with the right divorce professional

Work with a Certified Divorce Financial Analyst (CDFA®) or a CDFA®-Mediator. CDFA®’s are experts at divorce finance and know how to preserve your retirement. They understand how taxes work with various kinds of assets and how to value a pension. They can predict the tax consequences of transfers between spouses, and help to ensure your retirement moneys will be properly transferred between spouses.

Lawyers do not have this expertise! At TruNorth Divorce our mediators and advocates are not just expert mediators, they are also CDFA’s and trained divorce coaches. The law is typically a non-issue in most divorces—most divorces don’t need to be processed through the legal system. Your settlement agreement, custody agreement, and divorce filings will always be legally compliant and the quality of your divorce far better when you work with TruNorth Divorce than if you work with an attorney alone.

2. Consider the tax implications of your settlement agreement

Not all assets are treated the same by the IRS. Equity in a house isn’t taxed up to $250,000 per spouse (assuming there are no other prior real estate rollovers pre-1997). Withdrawals from an IRA are taxed at your marginal tax rate. Big difference. Likewise, joint funds in brokerage accounts can be subject to capital gains taxes.

Also, the division of retirement account assets during a divorce, specifically, can have unique tax implications and governing regulations. It’s important to look at the particulars of each account and determine its actual after-tax value. A Roth IRA with $50,000 sitting in it is worth more than a 401(k) with the same amount of money. A pension distribution of $50,000, too, will be treated differently tax-wise.

3. Make sure you have a properly executed Qualified Domestic Relations Order (QDRO)

The Employee Retirement Income Security Act of 1974 protects retirement assets in 401(k), 403(b), and Thrift Savings Plans for federal employees and military personnel. For these plans, you will need to draft a qualified domestic relations order (QDRO) so that the asset split becomes legal and for retirement plan administrators to accept and execute it.

A QDRO endorsed by a judge and executed properly provides a means to roll over a portion of a qualified retirement plan without penalty, tax-free. Depending on the circumstances, you may choose to continue contributing to the retirement plan. You could also roll it over into a Roth IRA through a trustee transfer. You can even take penalty-free withdrawals from transferred qualified retirement plans when they are handled within a QDRO—very helpful if you need some extra cash for a house down payment or to retire debt. Without a well-drafted QDRO you could wait years for your retirement account transfer.

Taking the proper steps to accurately assess your retirement assets during a divorce will put the right financial foot forward as you wipe the slate clean and retake sole ownership of your assets. For more post-divorce budgeting tips and all topics divorce, visit our blogsite.

Reach out to a divorce mediator in Maryland if you want a kinder, smarter, and more affordable divorce. If you’re on the fence and you have a list of concerns related to your divorce, don’t hesitate to Schedule a Free Strategy Session to go over your options. 

 

 

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3 Key Things to Look for in a Divorce Mediator in Pennsylvania

by | Feb 12, 2021

Getting a divorce is certainly not the best of times and should be a last resort to solving marital conflict. Sometimes, despite our best efforts, things just don’t work and it’s important to accept that and move forward. If you find yourself searching for a “divorce mediator near me,” then you’re in luck. Using mediation can eliminate a lot of the stress, strife, and expense from the divorce process and help both parties get a satisfying outcome.  

As divorce mediators in PA, we know how to bring clarity and calm to these situations. However, when you’re seeking out a divorce mediator in Pennsylvania, there are going to be a few things to look for in a qualified professional: 
 

    1. Expertise. Before you secure divorce mediation in PA, ensure that the person you hire has the right qualifications required to be your mediator. She should be skilled in all areas of divorce–legal, financial, and emotional and be able to expertly guide you and your spouse to a solution that you’ll feel good about now and for years to come. A CDFA-Mediator may be your best choice.

        

    2. Experience. A highly-experienced professional can make all the difference. Any divorce mediator in PA you seek out should have a good number of years working with divorcing couples. When you talk to a potential mediator, ask her about her success rate and what’s made her effective.

        

    3. Demeanor. Divorce is an emotional roller-coaster and “divorce brain” can make it hard to make good decisions. You should look for a divorce mediator in PA who has the training and personal style that is helpful when working with a couple where one or both of the spouses is experiencing confusion, shock, anger, resentment, sadness, and more.  

      If you’re looking for a divorce mediator in Pennsylvania, then you should call our       PA Office for TruNorth Divorce Solutions or Schedule a Free Strategy Session to get help you determine if mediation is right for your divoce and gain tips on how to approach mediation successfully. 

TruNorth Divorce provides expert divorce mediation and guidance to individuals and couples considering divorce. Their mediators are not only experienced mediators who are highly knowledgeable about divorce law and procedure, they are also trained as divorce coaches and are Certified Divorce Financial Analyst CDFA® professionals who specialize in divorce financial issues. This powerful combination allows them to address each of the dimensions of divorce–legal, financial, and emotional–leading their clients to a better and brighter future that has taken all their needs into account.

 

 

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Should You Hire a Divorce Attorney or Divorce Mediator?

by | Jan 11, 2021

Deciding to get a divorce is a very difficult decision and not one to be made lightly. There are many things you will need to consider, starting with these 7 points. Once you think you want to move ahead, who do you call? Most think to call a lawyer, which most often leads to the traditional path to a divorce. While there are times you will need to have a lawyer  litigate your divorce in court, it should be one of the last options you choose. Do you need a divorce lawyer or divorce mediator?

The reality is that the vast majority of divorces should not be handled within the court system. Today, many choose a constructive divorce process that facilitates a more positive future rather than one that tears them down. At the top of the list of constructive divorce processes is mediation. 

Let’s look more closely at the differences between working with a litigating divorce attorney and a professional divorce mediator.

What is Litigation with a Divorce Lawyer

The court-centered, traditional divorce process is where each party gets a divorce attorney and then battles it out in the courts with petitions, hearings, mandated conferences, and maybe even a full-blown trial. This is a relatively costly, slow, and divisive process. 

Attorneys are trained to be adversarial and most divorce attorneys charge an hourly rate of $350 or higher. They are incentivized to spend more time working through the details of court filings, support, property division, and custody. and divorce settlement agreement. When you have two attorneys discussing the minutiae of your divorce and arguing in court, the couple may be paying well over $700 an hour! It’s no wonder that many litigated divorces cost $40,000 and sometimes significantly more.

What is a Divorce Mediator

Divorce mediation is the first of the constructive divorce processes you’ll want to consider. It’s expert-guided, relatively fast and inexpensive and it allows the couple to control their futures and privacy. Mediation is a process where both parties want to resolve their issues and come to an agreement together about custody and the parenting plan, child support, alimony, and property division. A mediator doesn’t make decisions but they assist through a variety of methods including education, financial analysis, conflict resolution, best practices, etc. 

Divorce mediation is a good choice for those who want a gentler divorce that will allow them to keep more of their money and dignity. The couple doesn’t have to be amicable, they just have to be willing to negotiate in good faith. One thing for sure, their long-term relationship will be much better if they can work through mediation rather than the courts. This is especially valuable for parents who will be interacting throughout their children’s lives but important for anyone’s future well-being and peace. 

A divorce mediator can be a lawyer, a Certified Divorce Financial Analyst (CDFA®) or other appropriately trained individual. Be sure you understand the differences in your alternatives and which would be best suited for your case. The decision of choosing a divorce attorney or a divorce mediator is a personal one.

If you need some help figuring out which approach would be best for you, get in touch with TruNorth Divorce and ask for a Free Divorce Strategy Session to explore your options. They specialize in providing expert divorce mediation advice to individuals and couples considering divorce. They are certified divorce financial analysts and trained divorce coaches who specialize in helping divorcing individuals and couples get their best possible outcome.

 

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Checklist for Getting Your Best Divorce Settlement

by | Aug 17, 2020

Knowing that you got your best divorce settlement means you’ve considered a lot of things that aren’t necessarily on an attorney’s radar or within the realm of his capabilities. There are many mistakes that can be made. Here’s a list of items that you should include when putting together your divorce settlement agreement. A CDFA® divorce financial planner or mediator is your best resource for ensuring you and your spouse are agreeing on a settlement that is fair and strategically planned for an optimal outcome.

 

ITEM WHY IT’S IMPORTANT CONSIDERATIONS
Proper identification of marital and separate property You split marital assets but keep your own separate property. It’s not always clear about what constitutes marital property. Co-mingling of funds, growth on real estate and owned businesses may have an impact on the amount to be divided. A Certified Divorce Financial Analyst (CDFA) can conduct a separate property tracing to determine what is marital and what is separate.
Assessment of tax implications No all assets are treated the same with respect to taxes. Trading assets of equal value but different tax treatments can have a huge impact on long-term financial health. What are the applicable tax classifications for retirement funds vs. real estate vs. stock options, etc.?
Consideration for both short- and long-term financial implications Alimony, child support, and how you split assets can result in substantial differences in long-term financial health even when the short-term needs are met and the division of assets looks fair. It’s important that you look at the impact of the divorce on near-term as well as future financial health. A CDFA can provide financial projections for both spouses before they agree on a particular settlement.
Provision for allowing spouse to remain in marital home under adverse financial circumstances Sometimes one spouse wants to continue to live in the marital home but can’t re-finance it on their own. Maybe, too, the house is “under water” and can only be sold as a short sale or foreclosed. Additionally, there are capital gains tax exclusions considerations to consider when transferring ownership to one spouse. There are some clever ways of handling the marital home to allow one spouse to continue living in the property for a period of time without the other losing out.
Accurate valuation and division of pensions Many misunderstand what figures to use for division of a pension. Pensions are subject to a coverture fraction, accurate identification of payout amounts, cost-of-living increases, and the appropriate discount rate.
Streamlining of asset division Simplify administrative and legal follow-up Sometimes it’s better to leave a pension, other retirement account, or business owned whole and aligned with just one of the spouses. Other assets or structured notes can be used to avoid selling assets or dealing with Qualified Domestic Relations Orders (QDRO’s).
Treatment of employee bonuses and other non-cash benefits Executives and business owners may receive a large portion of their compensation in the form of bonuses, stock, car allowances, and other benefits that don’t readily show up as income or assets. It’s important to thoroughly review employee agreements for executives and accounting records for business owners.
Proper accounting of stock options and restricted stock units (RSU’s) Employee stock options earned while married are a marital asset whether or not paid before separation or divorce. Determining the marital portion, vesting, and valuation of stock options and RSU’s is complicated and best left to financial specialists.
Option for alimony buyout Nobody likes alimony. Alimony payments are painful to the obligor and uncertain to the obligee. Why not just determine the present value of the future payments and include it in the division of assets?
Accurate identification of separation date The separation date can have substantial impact on valuation of assets. Is it the date the divorce complaint is filed, the spouses started living in separate bedrooms, or something else? What if there is a temporary reconciliation?
Optimizing filing status and deductions The difference between filing single vs. head of household can make a big difference in tax payments. Under shared custody arrangements, child exemptions can be rotated to allow both parents to file as head of household.
Protection of future alimony and child support with life insurance If a buyout isn’t possible, the oblige should have protection is something happens to the obligor. Obtain insurance protection that you know won’t be cancelled.
Inclusion of a detailed parenting plan Even if you and  spouse fundamentally agree on custody and how to raise the children, there may come a time when circumstances change or there is a difference of opinion. Parenting plans that address a wide array of issues should be included in a property settlement agreement to protect the children and both parents.
Impact on future college financial aid for the children Custody decisions and child support can have implications for college financial aid. One should consider how settlement decisions might affect future financial aid to pay for college expenses. 529 plans should be managed so they have minimal impact on financial aid awards.
Assurance that all assets have been accounted for Are there any suspicions that one spouse has been “preparing” for the divorce and diverting assets? Consider the use of a forensics specialist to examine financial records for hidden assets.
Accurate business valuations There are a variety of ways to value businesses in divorce, some more expensive and time-consuming than others. Make sure you have an accurate valuation of businesses owned before settlement options are reviewed.
Timing of divorce on Social Security Timing of divorce can impact future social security payments. You may want to delay your divorce to optimize future social security.
Identify follow-up tasks to ensure compliance It’s not time to rest when the property settlement has been filed and the final divorce decree is received. Follow-up is essential to obtaining and protecting rights to assets. Insurance, QDRO’s, quit-claim deeds, beneficiaries, and more need to be handled after a divorce. Make sure you get a comprehensive list of what still needs to be done once your divorce is final.

 

 

 

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An Overview of Divorce in Maryland

by | Jul 6, 2020

 

Most “How to Get Divorced” articles take a rather narrow view, i.e., the legal process. Obviously, these articles are typically written by lawyers. 😉 

How to get divorced can be a multi-faceted, complicated, entangled, frustrating, non-linear, jumble of a messy process. Not surprising, given that there are two spouses, years of history, hot emotions, finances, children, a home, secrets and lies, and hidden agendas involved.

Given all this, though, let me try to keep this “how to get divorced in Maryland” piece as simple as possible for this medium (please contact us for more detail.) Here are what we consider to be three essential components.

#1: Financially Prepare and Protect Yourself Before You Start the Divorce

  • Open a separate checking and credit card account at a new bank
  • Check your credit report and score and then periodically track
  • Establish private communication, e.g., P.O. box, email account
  • Gather and copy financial and legal documents—tax returns, statements for loans, bank and retirement accounts, investments, wills, trusts, deeds, car registrations, insurance policies—and store them outside of the marital home

#2: Talk to Professionals

Most think to first call a lawyer after they talk to a few of their friends and family members. Let me suggest otherwise. Friends and Cousin Amy are great for support but they aren’t likely stellar for advice on how to handle one of the most important and costly events of your life. While well-intentioned, their cases and knowledge of others’ situations are different than yours and you will need the advice of a professional for accurate advice.

You’re best first stop is not with a lawyer but with a far more neutral and resourceful individual: a reputable divorce coach. She or he can help you assess your situation and choose the best path forward and how to execute. They can also help you with setting objectives for how you want to handle the divorce on a personal level, i.e., how to be your “best self.” They can help you better work with a lawyer or mediator, saving you money and significant angst. They are more than anything, the quarterback on your divorce team who can help you assemble the right individuals for the jobs you’ll need to get done.

Lawyers, of course, are a critical component for their knowledge of the legal process. They will often unnecessarily steer you, though, to costly litigation, without regard for what will be best for you and your spouse. Many lawyers are now moving into mediation as its become more popular with divorcing couples, but keep in mind that lawyers aren’t necessarily the best choice for mediation. They are also not equipped to handle the emotional, practical, or complex financial issues of divorce, so make sure you talk to more than just a lawyer early on in the divorce process.

Mediators are a good information source as you consider mediation as a divorce process. Other professionals to consider are a Certified Divorce Financial Analyst® (CDFA®) to discuss optimal or creative financial settlement options, or a therapist who may be able to provide extended emotional support.

# 3: Familiarize Yourself with MD Divorce Law and County Procedures

a. Legal Separation

In Maryland, there is no legal separation and as of fall 2023 there is no “limited divorce” which was, essentially, a legal separation. Even without legal recognition of a separation you can still create a legally binding separation agreement that covers such things as child support, spousal support, joint bills, parenting plan, health insurance, loans and other debts, etc.

b. Residency

If the ground for divorce occurred in Maryland, you need only be currently living in Maryland at the time you file for divorce. If the grounds for divorce occurred outside Maryland, you or your spouse must have lived in Maryland for at least six months before filing your divorce complaint.

c. Types of Divorce, Waiting Periods, and Filings

In Maryland, most divorces are no-fault divorces and you can get a divorce without a waiting period if your divorce is mutually consented. A no-fault divorce may also be based on a one year separation.

Additionally, there are at fault divorces which may be treated differently when it comes to awarding alimony and sometimes custody if the fault ground negatively affects the children. At-fault grounds include adultery, actual desertion, and constructive desertion (typically this is cruelty). At-fault divorces will not be granted if the plaintiff is also determined to be at-fault.

Divorce filings are handled by county court. Filing can take place where either of the spouses resides. Each county has its own procedures and fees and should be researched prior to filing.

d. Support, Settlement and Custody Agreements

It’s important to note that if you have financial and custody issues to work out before the divorce is finalized you must do so before the waiting period is over or the decisions will be deferred to the court. The court will look to the filing spouse for their preferences.

If you both hire attorneys and litigate in the courts, you will likely spend a minimum of $30,000 – $40,000. Mediation can reduce fees to less than $10,000. Courts will appoint legal representation for those in need or you can negotiate the financial and custody terms yourselves.

So, that, in a nutshell is “How to Get a Divorce in Maryland.” It’s a bit more nuanced than this as, stated earlier, divorce can be a multi-faceted, complicated, entangled, frustrating, non-linear, jumble of a messy process. For more information on Maryland divorce from a legal perpective, you can go here.

Call or request a consultation if you want more info. 

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