Maintaining your Financial Security During a Divorce

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Over half of all marriages that take place in the United States now end in divorce.  This is a depressing figure, but it means that it is even more important than ever to keep control of your finances and ensure that you don't lose a large chunk of your money in a divorce settlement.

Prenuptial agreements are one of the easiest ways to ensure your financial security after a divorce, but surprisingly few couples take this option – no more than ten percent choose to sign an agreement.  While it admits that your relationship may very well fall apart in the future (not the most romantic thought for a couple about to get married), it is something that is definitely worth considering.

However, if you are facing the prospect of a divorce and you are one of the many couples without a prenuptial agreement, don't worry.  There are many steps you can take to help you to hold onto your assets.  If you think that a divorce is approaching, then there are some things that you should start doing now.

  • Get a copy of your credit report.  This means that you will know exactly where you stand before the divorce, and can check if your spouse is running up debts in your name during the divorce proceedings.

  • Think about selling things that you own jointly.  This may include the house, any other properties such as holiday homes that you have bought, and possibly more.  While you are still on speaking terms, agree to sell these and split the proceeds equally.  This will mean that she will not be awarded more than her fair share, if the assets are undervalued when the settlement is discussed.

  • Do not take on any additional debt.  This means no more joint loans and no remortgaging of the property.  However, you should keep up your share of the payments on any loans that you do have, as this will ensure that you maintain your interest and have a better chance of retaining your share of the assets.  Keep a record of everything you have paid towards a joint loan.  If you do take on additional debt, be aware that you could end up paying for something that you are unable to keep.

  • Close all joint accounts once the settlement has been agreed.  This means that neither of you can run up debt that the other one is responsible for paying.  During the divorce proceedings, it may be advisable to ask your bank to freeze these accounts, ensuring that the money cannot be transferred out until the settlement has been finalized.  If you don't do this, you may find one day that the account has been emptied without your knowledge or consent.
  • Have a separate account for all of your income.  Even if you have previously used your joint account for this, you need to start keeping your finances separate.  This will ensure that you keep your own money and will be able to pay bills such as the one for your divorce lawyer.
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