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Divorce guide for 2003
By Pat
Curry Bankrate.com
If 2002 was the year you untied
the knot, you've probably already seen some significant changes
in your financial situation.
You may have moved, sold a house or started paying
child support. The year 2003 will be equally life changing as you
continue to transition into a new lifestyle.
The experts say this is a year to pay careful attention
to your finances to make sure you don't miss opportunities, fall
down on your obligations or continue to pay for things for which
you're no longer responsible.
Here are some the areas in which you'll see changes
in 2002, with some items to check on.
Insurance
If you depended on your spouse's insurance benefits, you
need to replace them.
"Revisit all your coverage; don't assume that
what was appropriate before is still adequate," says Dave Evans,
vice president of retirement and financial planning with the Independent
Insurance Agents of America. "Life insurance is obvious; disability
is a hot one.
"If I die and there are kids involved, that's
been thought out. If I'm disabled, what happens? A lot of times,
alimony is capped at five years or so. If you get disabled, you
can't depend on that other person's support."
Health insurance is another major issue to consider,
Evans says. You're eligible to continue receiving your ex-spouse's
company medical insurance for 36 months, but you can be charged
up to 102 percent of the employer's cost for the coverage. The sooner
you can get your own group insurance, the better.
Pension plans
It's quite common for divorcing spouses
to split any money that's accumulated in pension plans.
When you get your share of those funds, financial
educator and author Eva Rosen, best known on the Internet as the
Tax
Mama, has one piece of advice: "Roll that puppy over fast."
Although you won't pay penalties if you hold on to
the money, you'll pay taxes on it.
"Redeposit it into an IRA," she says. "That's
one of the biggest problems I find. People just don't get that."
Also, the only way to make changes in a retirement
fund is to send a Qualified Domestic Relations Order (QDRO) to the
401(k) plan administrator, says Carol Ann Wilson, founder of the
Institute for Certified Divorce Planners. It's quite common for
attorneys to not order this at the time of the divorce.
"I've seen them take months or even a couple
of years to do it," she says.
If that has happened and you're supposed to receive
part of your ex's fund, you have a one-time window of opportunity
to withdraw some -- or all -- of those funds before age 59 without
penalty if you really are in a bind for cash.
"It has to be done before the transfer is made,"
she says. "It's still taxable, but there's no penalty. All
certified divorce planners know this rule."
Credit
Now would be a really good time to order copies of your
credit reports from the three major credit bureaus. Check for errors
and make sure that any debts your ex-spouse may have aren't showing
up on your report. If you didn't close your joint accounts, you
need to do that right away.
If you weren't the primary income earner and had credit
in your spouse's name, you should take this year to start working
on building your own good credit history. If all you can get is
a secured credit card, get one, charge a purchase and pay it off
promptly.
Financial documents
First things first: You need a new will.
Then, look at your other financial documents. You
might want to change the beneficiary on your 401(k) and any insurance
policies you have.
Most couples have their assets titled jointly. Although
the assets may have been separated in a decree, certified public
accountant and personal financial specialist Bob Doyle at Spoor,
Doyle & Associates in St. Petersburg, Fla., says one or
the other of you will have to handle the paperwork to make it official.
In the case of a mortgage, it may take something more formal.
"Creditors love to add debtors, but they're not
crazy about taking them off," he says. "More often than
not in divorces, houses are sold, the mortgage is paid off and that
solves the problem. If the house is maintained and both spouses
are on the mortgage, it will take a court order to get one spouse
off."
You could also solve the problem by refinancing in
your name alone.
"In today's lower interest rate environment,
that might make sense all the way around," Doyle says.
Budgeting
Wilson says one of the biggest mistakes she sees with the spouse
who was the lower wage earner is a failure to adjust to the new
financial status.
"The reason the poverty roles are swelling with
divorced women with children is they think they can continue at
the same standard of living," she says. "In eight to 10
years, their assets are gone; they've spent it. They need to try
to live on what they earn and their support payments."
Sometimes that means telling the children you can't
afford the clothes or vacations they used to get. Wilson says that's
tough for some parents to handle, but kids often will rise to the
occasion.
"Children take this on as a challenge; they're
an ally," she says. "I've seen children think, 'This is
great. I get to go to the movie with Mom.' Let them help. It helps
them. It's a disservice to let the kids think there's still unlimited
income."
Taxes
Alimony and child support may serve similar functions, but to the
IRS they're complete opposites. Child support is not considered
income to the recipient, nor can it be listed as a deduction for
the noncustodial parent. But if you're paying alimony, you can deduct
it on your income taxes. If you're receiving it, you have to pay
taxes on it.
Obviously, if you're receiving both, it makes sense
from a tax perspective to get as much of it in the form of child
support as possible. If you're paying both, the opposite is true.
Let the lawyers fight that one.
Marlisa Hodgin, tax program manager at the nonprofit
credit counseling service Springboard, says to make sure the divorce
decree specifies which portion of the support is for the children
and which portion is for alimony. If you don't separate them, it
may all be considered child support.
By the way, if you only make partial payments, all
of it is considered child support until that's paid up, Hodgin says.
That means no deduction for alimony payments until your child support
obligation is fulfilled.
But if you're required to make the house payment on
a jointly owned home, you can deduct half the total payment as alimony.
If you itemize and the house qualifies, you can claim half of the
interest and property tax on your Schedule A.
If you have children, it's often a good idea to have
the court decide who can claim the children as dependents on the
tax returns and have that stated in a court document, Wilson says.
Bills related to tax advice, retention of a taxable
asset or the production of taxable income are deductible in the
year you pay the bill, so have your attorney break it out for you,
says Stephanie Blum, a West Los Angeles family law attorney and
author of Divorce
and Finances: Know Your Rights Clearly and Quickly.
This year, many of your deductions may increase, especially
if you have more than two children, you're working and use child
care. You'll want to review what you're having withheld from your
paycheck for taxes to make sure you're not having too much or too
little taken out.
"If you manage things properly, you can both
arrange to be head of household instead of being plain single and
increase the amount of the child care credit," says Tax Mama's
Rosen. "Two heads of household come out better than two single
people.
"If you can get along well enough to work out
some of the details, there are some neat things you can arrange.
There are ways to reduce your taxes, but it takes a certain amount
of cooperation which, if you could have done, you probably would
still be married."
Need some more advice? For more detailed information,
check out Bankrate's
Financial Survival Guide for Divorce. Also, see Consolidated
Credit Counseling Service's free booklet, Credit
and Divorce.
-- Updated: Nov. 14, 2002
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