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Protecting Your Finances in Divorce: What Do You Know?

Test your knowledge about how to safeguard your assets when a longtime marriage ends


a headstone with marriage certificate written on it, broken in half
Rob Dobi

Since 1990, the divorce rate among couples 50 and older has jumped from 8.7 percent of all divorces to 36 percent. The greatest increase in the divorce rate in the past three decades was among those 65 and older. And after a couple has spent decades of saving and investing together, the stakes — and potential financial fallout — can be higher in these “gray” divorces.

Question 1 of 9

Why is it important to hire an experienced divorce attorney who emphasizes mediation or collaborative divorce?

A structured negotiation often leads to less conflict and lower costs than a court hearing.

Question 2 of 9

What is a recommended early financial step for a nonworking spouse during divorce?

Nonworking spouses, such as stay-at-home parents, should begin establishing their own credit history by opening accounts in their own name. This prepares them for potential future needs like car loans or mortgages.

Question 3 of 9

What kind of assets are generally NOT considered marital property during a divorce?

“Nonmarital assets” like inheritances or gifts given specifically to one spouse are typically not subject to division. Other examples include property brought into the marriage.

Question 4 of 9

What is a key benefit of working with a financial adviser during divorce?

A financial adviser can help you see what your financial life may look like after the divorce, considering aspects like asset division, alimony, taxes and long-term goals.

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Question 5 of 9

What legal document is used to divide 401(k) and pension plans during a divorce?

The division of retirement accounts like 401(k)s or pensions is handled through a QDRO, a legal order issued as part of a divorce. IRAs, however, are divided via a divorce decree.

Question 6 of 9

When should you update your will?

It’s also prudent to update other important documents, such as those for your power of attorney and health care proxy.

Question 7 of 9

What is the primary difference between community property and equitable distribution states?

In community property states, marital assets are typically divided 50/50. In equitable distribution states, the division is based on what is fair, which may not be equal. Courts consider multiple factors to determine fairness. Check which type applies in your state.

Question 8 of 9

True or false? Only assets that are in both spouses’ names are considered marital property.

Marital property can include assets acquired during the marriage, even if they’re only in one spouse’s name.

Question 9 of 9

You and your spouse are negotiating the division of debt during a divorce. What’s a smart first step?

Closing or freeing joint accounts helps to protect your credit and prevent further debt accumulation by either party.

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