Money Moves During Divorce
5 min read
TL;DR
Divorce is a financial event as much as an emotional one. Get organized now: know every account, understand what's marital vs. separate property, build a post-divorce budget, and stop making emotional spending decisions. The financial choices you make during the process will define your next decade.
Your Finances Are About to Get Dissected
Everything you own, owe, earn, and spend is about to go under a microscope. Both sides will exchange financial disclosures, and the court will divide assets based on your state's laws. That's either community property (50/50 split) or equitable distribution (fair but not necessarily equal).
You can't control the law. But you can control how prepared you are.
Step 1: Know Exactly What You Have
Before you can protect anything, you need a complete picture. Pull together:
- Bank accounts. Checking, savings, money market. Joint and individual.
- Retirement accounts. 401(k), IRA, pension. These are often the largest marital assets.
- Investment accounts. Brokerage, stock options, RSUs.
- Real estate. Your home, any rental properties, vacation properties. Know the mortgage balance and estimated market value.
- Debts. Credit cards, student loans, car loans, personal loans, mortgage. All of it.
- Insurance policies. Life, health, auto, umbrella. Know what you have and what it covers.
- Business interests. If you own a business or have equity in one, it will be valued and likely divided.
Make copies of everything. Statements, tax returns (last 3-5 years), pay stubs, loan documents. Store them somewhere secure that your spouse doesn't have access to, like a safety deposit box or a trusted family member's house.
Step 2: Understand Marital vs. Separate Property
Not everything gets split. Generally:
- Marital property is anything acquired during the marriage, regardless of whose name is on it. Her retirement account, your savings, the house you bought together. It's all on the table.
- Separate property is what you brought into the marriage or received individually through inheritance or gift. But here's the catch: if you commingled it (put inheritance money into a joint account, for example), it may have become marital property.
Talk to your lawyer about what's separate and what's not. This is one area where the details matter enormously.
Step 3: Build a Post-Divorce Budget
You're about to go from one household to two on roughly the same income. That math is brutal. Start planning now.
Figure out your post-divorce monthly expenses:
- Rent or mortgage on your own place
- Utilities, insurance, groceries
- Child support (estimate based on your state's formula)
- Possible spousal support
- Car payment, gas, maintenance
- Health insurance if you're losing coverage
- Savings and emergency fund contributions
Be honest with yourself. Most men underestimate what life costs on a single income. Running the numbers now prevents ugly surprises later.
Step 4: Stop Spending Emotionally
Divorce makes people do stupid things with money. Don't be that guy. Specifically:
- Don't buy a new car, new house, or anything major. Large purchases during divorce look terrible in court and drain resources you'll need.
- Don't rack up credit card debt. Marital debt gets divided too, and new debt complicates everything.
- Don't spend lavishly to "prove" you're fine. Nobody cares. Save your money.
- Don't stop paying bills. Missed mortgage payments or cancelled insurance policies hurt you, not her.
Step 5: Protect Your Credit
Your credit score is your financial identity after divorce. Protect it.
- Pull your credit report and review it for any accounts you didn't know about.
- Close joint credit cards or remove yourself as an authorized user. Talk to your lawyer first about the right way to do this.
- Open individual accounts if you don't already have them.
- Monitor your credit throughout the process. Sign up for a free service.
If she runs up a joint credit card during the divorce, you could be on the hook. Get ahead of this.
Step 6: Think About Taxes
Divorce changes your tax situation dramatically. A few things to consider:
- Your filing status changes the year your divorce is finalized.
- Who claims the kids as dependents? This is negotiable.
- Retirement account transfers need to be done via QDRO (Qualified Domestic Relations Order) to avoid tax penalties.
- Alimony tax treatment depends on when your divorce was finalized. For divorces after 2018, alimony isn't deductible for the payer or taxable for the receiver.
Get a CPA or tax advisor involved early. One bad tax move can cost you thousands.
Step 7: Think Long-Term
It's easy to focus on winning the divorce. Don't forget about winning the next ten years. Sometimes taking a slightly smaller settlement now in exchange for keeping your retirement account intact is the smarter play. Sometimes letting go of the house saves you from a mortgage you can barely afford.
Think about what you actually need, not what feels like winning.
What to Do Next
This article is for informational purposes only and does not constitute legal or financial advice. Consult a qualified professional for advice specific to your situation.