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5 mistakes divorcing spouses make with asset division

On Behalf of | Jan 30, 2024 | Family Law

Divorcing couples often have many assets to divide. These assets may include houses, vehicles, investment accounts and retirement accounts, among others.

Unfortunately, common mistakes pop up during asset division. They can lead to potential financial and emotional setbacks.

1. Fail to establish clear financial records

One of the biggest mistakes divorcing spouses make is neglecting to compile and organize their financial records. Failing to create a comprehensive list of assets, including properties, bank accounts, investments and debts, can result in an uneven distribution of wealth.

2. Overlook tax implications

Divorcing couples often overlook the tax implications of asset division, which can have a significant impact on their financial futures. Assets such as retirement accounts, real estate and investment portfolios may have varying tax consequences. Ignoring these implications may lead to unforeseen tax burdens or missed opportunities for tax advantages.

3. Ignore future financial needs

Spouses might focus solely on immediate needs and overlook long-term financial considerations. Failure to account for future expenses, such as education, health care and retirement, can result in an uneven distribution of resources.

4. Disregard the valuation of assets

Assigning accurate values to assets is an important aspect of fair asset division. Many divorcing couples make the mistake of underestimating or overestimating the value of certain assets, leading to an unfair distribution. Seeking professional appraisals or evaluations can help ensure that both parties have a realistic understanding of the worth of their shared assets.

5. Forget about debts in the asset division

While assets are a focal point during divorce, debts are equally significant. Ignoring the division of debts can result in one spouse bearing an unfair burden. It is necessary to account for all outstanding liabilities and distribute them equitably to prevent future financial complications.

By avoiding these common pitfalls, couples can navigate the process more smoothly. They can achieve a fair distribution of assets and minimize the potential negative consequences of a divorce.