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You are here: Home / Archives for Assets

Using the “F” Word In Divorce

October 25, 2018 By Harry Munsinger, J.D., Ph.D. Leave a Comment

fair settlement

In a divorce case, we have a rule about not using the “F’ word.  No, it is not that word, but it is the word “Fair”.  Everyone wants a fair divorce settlement, but exactly what’s “fair”?   There are two major issues that must be resolved in any divorce–how to divide assets and what to do about the kids.  The major financial issues are to determine what assets belong to the community estate and what assets are separate property, who will pay child support, the amount of child … [Read more...]

Filed Under: Blog, Client Perspective on Collaborative Divorce, Harry Munsinger, Our-Featured-Authors Tagged With: alimony, Assets, Child Custody, child support, child support and divorce, Divorce, Fair, fair divorce settlement

3 Creative Ways to Divide a Marital Estate

May 25, 2017 By Julian Schwartz Leave a Comment

dividing marital assets debt

For couples facing a divorce, it is often a time filled with feelings of sadness over the loss of the marriage relationship and anxieties about the future. These feelings can be further exacerbated when there is substantial marital debt. There are no easy answers for these situations, but in “no court” settlement processes, such as collaborative divorce, couples can often creatively approach the topic of their debts and develop options for resolution that are not usually available in … [Read more...]

Filed Under: •••, Blog, Divorce and Finance, Julian Schwartz, Our-Featured-Authors Tagged With: Assets, Benefits of Collaborative, Collaborative vs Litigation, creativity, Debt, Finances, Money

How Does Collaborative Divorce Deal with Separate Property?

April 26, 2017 By Eric Beal Leave a Comment

separate property divorce

The short answer is: However you and your spouse can agree to handle it. There is a much longer answer, but before you get it, you need to make sure that you understand what separate property is. Under Texas law, the only property that is separate property is: Property owned before marriage; Property acquired by gift; Property acquired by inheritance; Property acquired based upon certain elements of personal injury claims; Property designated as such by a Prenuptial or … [Read more...]

Filed Under: •••, Blog, Eric Beal, Our-Featured-Authors Tagged With: Assets, Collaborative vs Litigation, Property, Separate Property

Splitting Retirement Assets – Don’t Try This at Home!

March 9, 2017 By Tracy Stewart, CPA Leave a Comment

dividing retirement assets in divorce

Some things are meant to be shared, not divided. That statement is particularly true of retirement assets. 401(k)’s, IRAs and pension plans are notoriously difficult to split. Add in tax consequences and conflicting advice you might be getting from your family, neighbors, attorneys and the Internet, and you have a financial disaster in the making. Here is what you need to know to make good decisions. 1. Retirement funds added during the marriage are typically considered marital … [Read more...]

Filed Under: •••, Blog, Divorce and Finance, Our-Featured-Authors, Tracy Stewart Tagged With: Assets, Finances, Grey Divorce, Money, Retirement

Isn’t Litigation the Best Option If I Don’t Trust My Spouse?

January 5, 2017 By Harry Munsinger, J.D., Ph.D. Leave a Comment

disclosure

How can I know if my spouse is hiding assets? Full Collaborative Disclosure is the answer. How can you be certain your spouse has disclosed all marital assets during a divorce? The answer depends on how you divorce. In a litigated divorce, there is no duty of full disclosure, while in a collaborative divorce, spouses agree to voluntarily disclose all relevant information. A financially complex divorce generates conflict and may produce dishonesty as each spouse tries to get what they feel is … [Read more...]

Filed Under: •••, Blog, Divorce and Finance, Harry Munsinger, Our-Featured-Authors Tagged With: Assets, Benefits of Collaborative, Collaborative vs Litigation, Disclosure, Money

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