Property Division

How to keep tax planning and divorce separate

Divorce is emotional, and that emotion often interferes with the efficient distribution of the marital estate. Forensic accountants can help by locating all the assets and liabilities for marital division. These specialized certified public accountants can also investigate and analyze financial evidence and interview parties to help prevent fraud. In their tax advisor roles, CPAs helps the parties of the divorcing couples to divide the marital assets orderly and with the least tax burden. Any property that is acquired by the spouses during the marriage is generally marital property. Some retirement plans that qualify under the Employee Retirement Income Security Act are not subject to state laws that govern that govern the division of marital property. The courts determine on what is fair and equitable in 41 states for the division of assets. In the other 9 states, the separate property brought into a marriage will remain separate property as long as it remains segregated and identifiable. When there are possible tax liabilities associated with property division, CPAs can help soon-to-be ex-spouses determine how much they owe due to the divorce so they won’t be surprised come tax time. When many people get divorced, it’s easy to simply consider the immediate concerns, such as child custody, support, alimony and property division. However, the tax implications can be bigger than you might anticipate. By enlisting the help of a CPA, you will be able to determine your tax liability long before a tax bill will come due. An attorney who is

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Protecting Inheritances

Have you inherited property, heirlooms, money from your family and wondering how to protect what is yours in the event you and your spouse decide to divorce? What is considered marital property when determining property division in a divorce? This can vary depending on the circumstances unique to your situation. However, there are steps you can take to improve your outcome in the event of a divorce. First and foremost, if you are not married yet but are planning to get married soon, you should consider a prenuptial or postnuptial agreement. This will help shield your assets such as money, an inherited business or property. While not full proof, a prenuptial agreement can declare what inheritances or gifts each spouse agrees to surrender rights to in the event of divorce. Another important point to consider is safeguarding documentation regarding the intended beneficiary of a gift or inheritance. If you do have something in writing such as letters from a family member describing the designated recipient of a gift, keep these items in a safe place. This form of documentation showing intent may help you when dividing property in a divorce. Never co-mingle inherited money or other assets into an account with your spouse’s funds. Keep your assets in a separate bank or investment account and, again, save documentation. When couples pool their money, it is difficult to differentiate who has claim to it, even if some of it was specifically given to one recipient. As far as more expensive gifts

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Ask the right questions when dividing property

As you go to court to divide property during your divorce, it’s crucial that you ask all of the right questions and gather as much information as you can. A few questions to consider include the following: — Is there anything that could make the marriage invalid? This can happen in some cases, and it may mean you’re not obligated to split up your property the same way you would be if the marriage is valid. — What is the exact date that you and your spouse have separated? Property obtained after that date but before the divorce often doesn’t have to be divided. This way, if the divorce takes months to come together, you don’t have to split up your earnings from after the marriage is effectively over. — Do you know all of the property that you and your spouse own? You are both required to declare this to the court. Look over the records carefully, especially if you think that your spouse may try to hide assets from you. — Did you sign a prenup when you got married? This can have a drastic impact on property division, and you need to know exactly what it does. — Have you identified your debts? Remember that property division is about dividing debts as well as assets, and the way these debts are split may even have more of a long-lasting impact on your life than the division of property. To learn more about the divorce process in Massachusetts,

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Why it’s best to buy a home after your divorce is final

If you’re thinking about buying a new home and you’re also going through a divorce–perhaps the two are very closely related–it is often best to buy the house after you finalize the paperwork. You don’t have to, and there are ways to buy during the divorce, but there is one big reason why you should wait: Your ex may try to claim partial ownership of your new home. The issue here is that your money belongs to both of you, and it needs to be split up. If you take some of that money and buy the house outright or put a down payment on the mortgage, you’re using money that wasn’t fully yours. You’re also acquiring an asset that your spouse may feel is partially his or hers, as you technically own it while the two of you are married. Again, there are ways to get around this. You could have some written agreement with your spouse showing that the home is yours alone. You could rush to finalize the property division process so that you have your own money to use. Divorce can take time, and you can’t always put your life on hold. If you do want to buy, make sure you looking to all of the legal steps to take in Massachusetts to protect yourself. However, the very best option in most cases is to put your purchase on hold. Rent an apartment on a month-to-month basis and live that way for a few months, until

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Who Prepares a QDRO?

QDROs are not neutral decrees. Each party should have their own attorney to prepare or review the document. This way each party has a legal professional who will look after their best interests. At the same time, it is important to choose an attorney who has extensive experience working with QDRO’s. Your attorney should have a deep understanding of asset division. Mistakes and omissions can be financially detrimental to either or both parties. For example, if you or your spouse have a pension plan, it’s best to seek advice from an attorney who can prepare a QDRO that meets the plan requirements and contains favorable terms that meet your interests. After everything is done, the alternate payee is informed as to how and when benefits will be given. Many pension plan benefits are tax deferred, and taxes are paid as monthly payments are received. Some plans offer options to roll over the benefits into an IRA and are tax deferred until retirement age. To discuss your issue, please contact David M. Gabriel and Associates to set a consultation.

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Qualified Domestic Relations Order (QDRO)

In Massachusetts, when a divorce occurs, retirement assets typically fall into two categories: (1) assets acquired before the marriage; or (2) assets acquired during the marriage. In shorter term marriages assets may not be subject to division, however retirement funds acquired during the marriage are generally subject to division and treated as a marital asset. There are no hard and fast rules regarding the division of retirement funds, however, and a skilled divorce attorney may be able to argue to a judge to depart from the conventional wisdom depending on the facts of a particular case. Retirement funds may require a special court order to divide them pursuant to a divorce. If so, the court will issue a Qualified Domestic Relations Order (“QDRO”) to divide the asset. The QDRO is usually prepared by the parties with the assistance of an actuary. Prior to completion the QDRO is reviewed by the retirement plan administrator. Upon completion of the review process the QDRO is submitted to the judge assigned to the case for court approval and returned to the parties for submission to the plan administrator, who implements the terms of the QDRO. Attorney David M. Gabriel and his team of lawyers works with experienced retirement and pension appraisers, in order to determine the value of the retirement assets in question, including current values, past values, projected values based upon retirement age and coverture values. Coverture value is legal term used to describe the value of an asset and its proportionate increase

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Things you should know before a divorce

One of the biggest complaints that people in Massachusetts have after a divorce is that they simply didn’t know enough in advance. Everything can be very stressful if you feel blindsided all of the time, and you may end up with an agreement that does not give you what you’re after. Below are a few things you need to know beforehand: 1. The real value of your property. Remember that values for many things—like homes or cars—could have changed dramatically since you bought them. 2. What you want to do with your home. You and your spouse have to decide if you’ll get it, if he or she gets it, or if it’ll be sold so that the money can be split up. Knowing this in advance helps you plan for the future and find a place to live. 3. What your expenses will look like after the split. People often forget about things like utilities, which they’re used to splitting, and they’re shocked by the cost of paying them on their own. Remember that the overall cost goes up when you both pay separately. 4. How each decision plays into the next. For example, one woman hadn’t properly calculated what her expenses would look like, so she thought she had an affordable home. It turned out to be more than she could afford, though, and she was forced to sell and move after the split. Don’t go into a divorce without as much information as you can possibly gather.

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Who needs a Qualified Domestic Relations Order?

If you are divorcing your spouse, one term that you might encounter is Qualified Domestic Relations Order. Known as QDROs, these are decrees, orders or judgments for retirement plans to pay spousal or child support, or convey marital property rights to another person. To be valid, a QDRO has to contain very specific details, including: — Names of the plan participant and every alternate payee, along with their mailing address — The percentage or amount of benefits to be paid from the participant’s plan to the alternate payee(s) There are restrictions on QDROs as well, as none may award benefits or amounts that are unavailable under the provisions of the participant’s plan. When QDRO distributions are paid to minors or other dependents, the plan participant is the one with the tax liability. There are also ways to rollover all or portions of distributions from QDROs to make them tax-free. Your family law attorney is a good source to bring you up to speed on all that you need to know about Qualified Domestic Relations Orders. Make sure that you investigate these possible sources of income during divorce negotiations, as a regular divorce judgment will not be sufficient for you to receive any funds or distributions from the pension plan of your soon-to-be ex-spouse. Some divorcing spouses in Salem who both have pensions will agree to waive the right to each other’s benefits. In other circumstances, such as when one spouse wants to retain the marital home, he or she will

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