When going through a divorce perhaps the last thing on someone’s mind is financial planning advice. While there may be more emotional and personal issues on the table, this is definitely one area that cannot be ignored. It is important to be able to see the entire picture of what the future will look like once the divorce is over, plus it is equally as important to know what assets there are and … [Read more...]
Social Security
Your social security benefit is based on your earnings averaged over most of your working career. Higher lifetime earnings result in higher benefits. If you have some years of no earnings or low earnings, your benefit amount may be lower than if you had worked steadily. Early Retirement You can start your Social Security benefits as early as age 62, but the benefit amount you receive will be … [Read more...]
Long-Term Care Insurance
General Recommendations for Long-term Care Policies: Once you buy a policy, don’t stop paying the premium. If financial circumstances require that you do so, Texas law requires companies to offer you the option to receive a percentage of the benefits you purchased. You can lower your premium by choosing a longer elimination period. Just be sure you consider how long you can afford to pay … [Read more...]
Divorce Terminology
Citation: When a respondent refuses to sign a waiver, a citation is issued giving them notice of the petition and demanding a response within 20 days. Collaborative Divorce: Is comprised of a series of meetings with the emphasis on negotiation and mediation to arrive at an amicable settlement. If no mutual settlement can be reached the collaborative process is abandoned, the attorneys resign … [Read more...]
How to Reduce the Stress of Divorce During the Holidays
Being surrounded by holiday cheer and high spirits can make things that much more difficult for people suffering through marital problems, even divorce, during the holidays. Such couples would benefit from any kind of support, but that can prove to be quite elusive at this time of year. For one thing, the desire to spare others from the trauma they themselves are undergoing adds pressure to an … [Read more...]
Pension Lump Sum Versus Lifetime Annuity
You may find yourself with a decision to make after the dust has settled on your divorce. You’ve ended up with a pension from your ex-spouse. The Qualified Domestic Relations Order will instruct the spouse’s employer to carve out your portion of the pension and place it in an account in your own name. You’ll be able to access the pension based on your own date of birth, although you will have to … [Read more...]
Bankruptcy and Divorce
Individuals considering both bankruptcy and divorce have additional planning issues to consider. Which should be done first? Can we arrange our asset division to protect assets following divorce? Which assets can be discharged and which must be paid? Can income taxes be discharged? There are two ways for individuals to file for bankruptcy: Chapter 7 or Chapter 13. Chapter 7 requires … [Read more...]
Should You Buy a House Before the Divorce is Final?
Some of us don’t have the option of buying a home during the process of divorce. Financial constraints prevent us from doing so. But, for the fortunate few who have the resources and can afford the down payment, mortgage payments, property taxes and upkeep, careful thought should be given to the decision. Best Advice — Refrain from Making Big Financial Decisions This stressful period during the … [Read more...]
Divorce with Children
by Amy G. Fearnow, J.D. When you divorce with children in Texas, child support will be a primary area of concern. Child support in Texas is determined by guidelines established in the Texas Family Code. When the obligor (or person paying child support) has monthly net revenues of $7500 or less, the court will presumptively apply the schedule listed below. In the case where the obligor has more … [Read more...]
QDROs – How ERISA Protects the Non-Employee
Good News for the Lower Earning Spouse There is good news for the lower-earning spouse who is worried about receiving her share of the 401k or pension. Thanks to ERISA, special rules exist and eliminate an ex-spouse from standing in the way of receipt. The use of the qualified domestic relations order (QDRO) is based on federal law under ERISA (Employee Retirement Income Security Act) which gives … [Read more...]
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