Is phantom stock (RSUs) considered marital property in a divorce?
In short the answer is Yes. But, what if you have not vested in the RSU as of your settlement date? How is that handled in a divorce proceeding? Let’s talk about each topic further. An RSU is considered marital property unless the holder of the RSU can prove the RSU...
Can I access my spouse’s personal credit report during my divorce?
In short, the answer is No. Why? According to the federal Fair Credit Reporting Act, to request a consumer report on someone else’s credit, even if they are your spouse, you need what is called a permissible purpose (i.e. a valid reason) to request the credit report....
My spouse is requiring me to file my taxes as married filing separately, not jointly
Most married couples file their tax returns as married filing jointly. Why? Even if the couple is going through a divorce, the effective tax rate is usually lower than a filing status of married filing separately. Yet if your spouse does not provide you an option to...
Not all mediators are the same. Buyer beware.
The success of your mediation is highly dependent on how cooperative you and your spouse will be in mediation and the quality of the process itself. Not all processes are made the same. Not every mediation process will allow you to arrive a mental clarity to arrive at...
The 179 deduction provides a hidden asset to divide in a divorce
Most people do not know to ask the question how a 179 deduction impacts spousal benefits after a divorce. Let’s talk about this ever so briefly. In 2018 the tax laws expanded the 179 deduction from $500,000 per year to $1,000,000 per year. This can provide a...
How do you tell your spouse you want a divorce?
How you approach this conversation is critically important First and foremost before you think about having this conversation you need to know in your heart of hearts this is what you truly want to do. It is a life changing event for you, your spouse and your...
Wealth at risk in a divorce is more than you might think
Many people who are either thinking about getting a divorce or are actively going through one do not realize their wealth can become at greater risk based on a number of factors such as: The process (or lack of capabilities) they decide to unknowingly use as their...
The importance of credit scores in a divorce
If you were the stay at home parent and your credit score is not as strong as your spouse then you may have some issues to deal with in context to your divorce. Your credit score defines the strength of your purchasing power in the market. It indicates the strength of...
The impact of getting a new mortgage as a result of a divorce
What happens when you already have a mortgage but need to sell the home and get a new mortgage for your new home? If you were not the person who initiated the divorce or were ordered by the judge to sell your property you may want to consider the difference in your...
The impact of a variable rate loan in a divorce
If you are going through a divorce and you have a variable rate associated to your loan be careful. Why? Here are some questions to ask yourself: When do you anticipate your interest rate changing? If you have already experienced a change in the rate then you want to...