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Evaluate the Nature of Your Divorce Settlement

All women considering divorce should remember a number of key points. First, a settlement that appears equal but is not particularly liquid may make for hard times in the future. For example, if a wife receives the house when marital property is distributed—an illiquid asset—and her husband receives investments—which are generally more liquid—she may have a hard time keeping the house. Maintaining a house requires cash flow, which can present a significant challenge for many former wives.

Consider the Tax Consequences of Your Settlement

Secondly, it is important for women to remember that tax consequences can greatly affect the value of a settlement. For example, the rules on retirement accounts can be complicated. When a large portion of the settlement is in retirement assets, the recipient should have knowledge about the potential tax ramifications and penalties. A Qualified Domestic Relations Order (QDRO) can be used to transfer money to a former spouse without penalty, which is something you should discuss with your lawyer.

Remember that Your Debts Will Also Be Divided

Additionally, women should remember that, when they file for divorce, they will divide more than just their assets – they may also divide their debts. Creditors don’t care about the terms and conditions of a separation agreement. They want their money, and they will not hesitate to go after both spouses to get it. For this reason, it would be wise for spouses to negotiate these details in a divorce settlement between themselves.

Protect Your Financial Security with a Life Insurance Policy

Finally, a woman would be well-advised to include a provision in her divorce settlement detailing the need for her former spouse to carry life insurance. This can help safeguard her own financial security, as well as that of her children, in the event that her former spouse dies an untimely death. Life insurance can be used to insure the payment of child support, alimony, and property settlements.

Contact our team at Lois M. Brenner, Esq. (646) 663-4546 for more information.

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