Divorce Trends & Insights


By jeff.wilson1.cpa July 18, 2023
Most would argue that you can’t put a price on certain things. For example, family or health could be considered priceless things. However, some situations will challenge you with the question how much is this priceless item worth to you? Before moving out and separating from my Ex-husband, we had two loving dogs, a reptile, and a cat living in our home. I left with the cat, the reptile, and one of the dogs. Some may say I was fortunate to take as many animals as I did, and it was more than fair for my Ex to keep one of the dogs. Perhaps this may be true as a business transaction, but emotionally I was torn and felt it was unfair. When it came time to file for divorce, the question presented itself, how much did I love the dog I left behind? How much will I spend on lawyer fees to get the dog back? The short answer to both questions a lot! I knew deep down the dog would receive better care from me. I cared for the animals as if they were my kids, raising them all from their baby stage. I worked from home, so I and the dogs spent a lot of time together in my home office (especially during the potty-training phase). I discussed with my lawyer all the potential outcomes for her return or not, how long it could take, and how the courts treat these circumstances on average. Thus, I took my chances and filed my divorce for the dog to return to me and left it to the universe to decide the outcome. However, like other marital property the decision for who keeps the dog, and other property is at the discretion of the judge. The contention I had to keep the dog was the current living circumstances for us. I primarily sustained the household and maintained a stable job, as he was mostly unemployed during our marriage. I was prepared to show in court proof of all the expenses paid and the care for them was predominantly from me. From pet store expenses with toys, food, and training, to vet expenses all paid by me with a copy of the bills. I was prepared to go as far as to ask former associates I met frequently at the dog park to give statements on my behalf of the level of care I gave the dogs. I spent a total of $3,368 in lawyer fees for my dog to return home to me and her other furry family. Others are not as fortunate to afford that expense for one item in a divorce settlement, so you must ask yourself, how much can you afford to spend on it? Be honest with yourself about what you can afford because people make the mistake of exhausting their finances to fight their spouse in a divorce since it’s available to use now. For example, using a credit card to pay for their legal fees, which in the long term becomes more expensive from the applied interest rate over time. Perhaps the use of the credit card could be better spent on bills if the estranged spouse doesn’t work and is a homemaker. An individual should consider the long-term impact of their money spent now in divorce versus money they know needs to be spent later. The cost of want in a divorce should not jeopardize their sustainability for future expenses. It is always recommended to discuss the best financial option with a divorce financial expert and divorce attorney to understand the long-term impact of their finances.
By jeff.wilson1.cpa July 6, 2023
It’s Not My Credit Card!
By jeff.wilson1.cpa June 13, 2023
Going through a divorce is a challenging and emotionally draining experience. Apart from the emotional turmoil, couples must also confront the practical issues that come with separating their finances. One such issue is credit card debt, which can become a major source of contention. In this blog post, we will discuss how credit card debt is typically handled in divorce cases and provide some guidance on managing it effectively. Understanding Joint Liability: In many cases, couples accumulate credit card debt together during their marriage. This debt is considered joint liability, which means both parties are responsible for repaying it, regardless of who made the purchases. When going through a divorce, it is important to address this debt and come to an agreement on how to handle it. Communication and Cooperation: The key to managing credit card debt in divorce cases is open and honest communication between the spouses. It is crucial to have a clear understanding of the total debt, including outstanding balances, interest rates, and any late fees. By working together and being transparent about their financial situation, couples can explore different options and make informed decisions. Option 1: Paying Off Debt Together: In some cases, couples may choose to pay off the credit card debt together before finalizing the divorce. This option requires cooperation and a willingness to work together. By pooling their resources, couples can make larger payments and clear the debt more quickly, minimizing its impact on their individual credit scores. Option 2: Splitting the Debt Equally: If paying off the debt together is not feasible, couples may opt to split the credit card debt equally. This approach involves dividing the total debt in half, with each party assuming responsibility for their share. It is essential to outline this arrangement clearly in the divorce agreement to avoid future disputes. Option 3: Transferring Debt to Individual Accounts: Another approach is to transfer the balances from joint credit card accounts to individual accounts. This allows each party to assume responsibility for their own debt, simplifying the financial separation. However, it's important to note that transferring balances may not always be possible, as it depends on individual creditworthiness and the willingness of the credit card companies. Credit card debt can be a significant concern in divorce cases, but it is possible to manage it effectively. By fostering open communication, cooperation, and considering different options, couples can navigate the challenges associated with credit card debt and make informed decisions. Seeking professional guidance from a divorce attorney or financial advisor can also provide valuable assistance during this process. Remember, managing credit card debt in divorce requires patience, compromise, and a focus on building a solid financial foundation for the future.
By jeff.wilson1.cpa June 13, 2023
Divorce is a complex and emotionally taxing process, particularly when it comes to financial matters. During this challenging time, enlisting the assistance of a Certified Fraud Examiner (CFE) can prove to be an invaluable decision. CFEs are highly trained professionals who specialize in detecting and preventing fraudulent activities, making them an essential resource for individuals going through a divorce.  One of the key ways CFEs can assist during divorce proceedings is by uncovering hidden assets. Sadly, some individuals may attempt to manipulate their financial situation by concealing income or assets from their spouse. CFEs possess an in-depth understanding of financial records, forensic accounting techniques, and investigative procedures. They can meticulously examine financial statements, bank records, tax returns, and other documents to identify any irregularities or discrepancies. By revealing hidden assets, CFEs ensure a fair distribution of property, safeguarding their clients' interests. Furthermore, CFEs can assess the accuracy and authenticity of financial disclosures provided by the opposing party. They scrutinize financial documents, such as business records and personal accounts, to verify the completeness and accuracy of information. In cases where financial misrepresentation or fraud is suspected, CFEs can gather evidence and compile comprehensive reports that can be presented as evidence in court. If you are going through a divorce and need assistance from a Certified Fraud Examiner, I urge you to contact the W2 Group. The W2 Group is a reputable organization specializing in forensic accounting and fraud examination services. Their team of experienced CFEs can provide you with the expertise and guidance you need during this challenging time. By working with the W2 Group, you can ensure that your financial interests are protected and that you receive a fair and just settlement. Don't navigate the complexities of divorce alone
By jeff.wilson1.cpa June 1, 2023
Divorce can be an emotionally challenging and complex process, often involving the division of assets and financial matters. During this vulnerable time, seeking the expertise of a Certified Fraud Examiner (CFE) can prove invaluable. CFEs are highly skilled professionals who specialize in detecting and preventing fraudulent activities, making them an essential resource for individuals navigating a divorce. One of the primary ways CFEs can assist during divorce proceedings is by uncovering hidden assets. Unfortunately, some individuals may attempt to manipulate their financial situation by concealing income or assets from their spouse. CFEs possess a deep understanding of financial records, forensic accounting techniques, and investigative procedures. They can thoroughly examine financial statements, bank records, tax returns, and other documents to identify any discrepancies or irregularities. By revealing hidden assets, CFEs ensure a fair and equitable distribution of property, protecting the interests of their clients. Moreover, CFEs can assess the accuracy and legitimacy of financial disclosures provided by the opposing party. They scrutinize financial documents, such as business records and personal accounts, to verify the completeness and accuracy of information. In cases where financial misrepresentation or fraud is suspected, CFEs can gather evidence and compile comprehensive reports that can be used as evidence in court. Additionally, CFEs can serve as expert witnesses, providing testimony and presenting their findings to support their client's case. Their professional credibility and expertise make their testimonies highly influential and persuasive in court. By engaging the services of a CFE, individuals going through a divorce gain a significant advantage. These professionals bring specialized skills, knowledge, and experience to the table, enabling them to uncover fraudulent activities, identify hidden assets, and ensure a fair and just resolution to the financial aspects of the divorce. Their expertise provides much-needed peace of mind during a challenging and uncertain time, allowing individuals to move forward with confidence.
By jeff.wilson1.cpa May 25, 2023
In the midst of a divorce, the division of assets and debts can often lead to heated debates. Credit card debt, in particular, can be a contentious issue. Many people mistakenly believe that if their name is not on the account, they are not responsible for the debt. However, it's crucial to understand how credit card debt is handled during divorce proceedings to avoid unnecessary complications. First and foremost, it's important to recognize the concept of marital property. In most cases, marital property includes any assets or debts acquired by either spouse during the marriage, regardless of whose name is on the account. This means that if a credit card was used for the benefit of the marriage, both parties may be held responsible for the debt, regardless of whose name is on the card. For instance, consider a situation where one spouse acquires a credit card during the marriage and both spouses use it for household expenses, groceries, and other joint needs. In this case, the debt is likely to be treated as marital debt, and both spouses will share responsibility for it. However, the specifics of marital property can vary by state, and judges have discretionary power in making final determinations. Factors such as the nature of the asset or debt, when it was acquired, and the individual circumstances of the couple may be considered in the decision-making process. To illustrate, let's take the example of a house owned by one spouse prior to the marriage. If the couple lives together in the house during their marriage, it may be considered marital property, regardless of whose name is on the title. On the other hand, if the spouse who owned the house before the marriage maintains a separate residence and the couple does not use the house as their marital home, it may retain its status as separate property. In my own divorce experience, my ex-husband and I had to address credit card debt. Despite his claims that he was not aware of the card and should not be responsible, the debt was deemed marital because it benefited our household during our marriage. To support my case, I provided bank statements showing out-of-state travel expenses while he used the card locally. This evidence helped establish that we both used the card during the same time frame. To navigate credit card debt during a divorce, it is crucial to consult with professionals who specialize in divorce law and finance. A divorce attorney can provide guidance and help you understand the specific laws in your state. A divorce financial analyst can assist in evaluating your assets and debts, ensuring a fair distribution. Additionally, seeking advice from a personal financial advisor can help you plan for your financial future after the divorce is finalized. In conclusion, credit card debt can be a complex issue in divorce cases. Understanding the concept of marital property, consulting professionals, and gathering evidence can greatly assist in reaching a fair resolution. By being well-informed and seeking expert guidance, you can navigate the challenges of credit card debt during divorce and secure a stronger financial future.
By jeff.wilson1.cpa March 3, 2023
January 22nd, 2023 marks the start of tax season and also the start of "divorce season." For those considering divorce, it is important to understand the implications it may have on tax filings. One decision that must be made is whether to file "Married Filing Jointly" or "Married Filing Separately." Filing "Married Filing Separately" may seem like a cleaner break financially, but it comes with drawbacks. One disadvantage is the loss of deductions. When filing separately, there are several deductions that can only be taken as an individual once legally divorced. For example, the earned income credit and child and dependent care credit cannot be taken. Additionally, the standard deduction is also affected. The IRS requires the same deduction methodology, whether itemized or standard, to be taken on both spouses' tax returns. This can be disadvantageous for the spouse who does not pay the mortgage or has a lower wage. On the other hand, there are also advantages to filing "Married Filing Separately." One advantage is that you will not be held liable for taxes that your spouse owes during the current year. Additionally, your tax refund would not be garnished if your spouse owed back taxes, child support, or unpaid federal debt. Additionally, it allows for the suspension of passive activity losses related to real estate. Furthermore, if the spouses decide to reconcile, they have up to three years to refile their tax returns as "Married Filing Jointly." In conclusion, filing "Married Filing Separately" may be a cleaner break financially, but it does come with drawbacks. Both spouses should be aware of the potential disadvantages and advantages before making a decision
By jeff.wilson1.cpa February 17, 2023
It's that time of year again, folks - Tax Season! And for those who are divorced or separated, there's one big question looming: who gets to claim the kids as dependents on their taxes this year? Well, the determination of who can claim a child on their taxes as a dependent is usually based on where the child lived for the majority of the year. If little Johnny or little Susie lived with one parent for over half of the year, that parent is typically considered the custodial parent and has the right to claim the child as a dependent. But, what if the parents have joint custody and the child lived with each parent for about the same amount of time? In that case, the parent with the higher income may have the ability to claim the child as a dependent. Another thing to keep in mind is that parents can come to their own agreement and sign a Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent. This form would allow the noncustodial parent to claim the child as a dependent.  So, there you have it, folks - a quick rundown on the basics of claiming dependents on your taxes when you're divorced or separated. But, let's not forget, tax rules and laws can change and may differ by state, so it's always a good idea to consult a tax professional or attorney to help you understand your specific situation. And remember, whether you're a single parent or a couple, the most important thing is that you're doing what's best for your kids!
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