If you are considering divorce it is important to plan ahead, avoiding common mistakes that some make before discussing their situation with an experienced divorce attorney. Many will tell you what you ‘should do’ if you are considering divorce – from gathering financial records to thinking about a parenting plan – but it is also important to consider what ‘not to do’ when divorce is imminent.
Quitting a Job to Avoid Paying Support
Higher earners who are contemplating divorce may dread the possibility of paying alimony to their ex-spouse or being on the hook for exorbitant child support. Some may even think about quitting their job or taking a job with lower pay, or fewer hours, to avoid a higher support calculation, an obligation that may last years or decades to come. Unfortunately, changing employment prior to divorce may only lead to suspicion that a spouse is trying to mislead the court regarding their financial circumstances. If a party to a divorce quits their job prior to filing for divorce, the court may respond by imputing income based on their prior salary, meaning support will be calculated based on recent earnings despite the fact that the payor may not have a job with the same wage. Child support payments and/or spousal maintenance continue to accumulate based on the imputed income, barring circumstances that may warrant a modification to the spousal maintenance or child support orders. Before making any potentially consequential decisions before you divorce, it is a good idea to discuss the consequences with an experienced divorce lawyer.
Leaving the Children With the Other Parent
Hoping to avoid conflict, a divorcing parent may be tempted to move away from their soon to be ex-spouse and children without considering that they are giving the other parent de facto custody without preserving any of their parenting rights. Alternatively, a parent may leave with the children only to be seen as depriving the other parent of their rights which may be used against them in court. To avoid situations such as these, it is important to work with your divorce attorney to make custody arrangements that protect parental rights. This is often accomplished via temporary orders which will establish parenting time, support, who will reside in the home, how bills will be handled and more while the divorce is ongoing.
Cleaning Out a Joint Bank Account
Sometimes a spouse will clean out a shared bank account, rather than working with their spouse or attorney to manage needed finances during a divorce. However, money held in a joint bank account is marital property, which is subject to division in a divorce. If one spouse removes or transfers the money to a third party, the value will likely be made up when dividing other assets in the divorce or, if there are limited assets to divide, litigation is possible to recover the funds that were subject to division. This is also true of other property or assets that are meant to be divided in a divorce.
Selling the Family Home
Regardless of whether a family lives in an equitable division or community property state, real estate is often considered marital property to be divided between spouses regardless of how the property is titled. Unless the home is designated, titled, and strictly maintained as separate property, it is likely subject to marital property division even if a spouse is not on the title. Therefore it is ill advised to sell or transfer real property before a divorce is finalized to avoid potential litigation.
Dropping a Spouse from Health Insurance Plan
Many who list (and often pay for) their spouse to be on their health insurance plan may be tempted to remove their spouse’s coverage when facing a divorce. This is not a good idea as depriving their spouse of health insurance can result in the policy holder being held responsible for medical bills if their spouse becomes ill or is hurt before the divorce is finalized. It is advisable to consult an attorney to see how health insurance expenses can be shared during a divorce.
Contact an Experienced Divorce Lawyer for Help
Divorce is an involved process requiring attention to the division of marital assets, child custody and support, and spousal maintenance. It is important to visit with an experienced divorce attorney early in the process to discuss your situation so that you can achieve a favorable result. Contact Jane Probst for help today at 414-210-3135.