The effect of a divorce on retirement

At some point during their marriage, a Massachusetts couple may begin to plan for their retirement. However, there are cases where couples may decide to get a divorce, which could cause major problems for both parties if they are nearing the age of retirement or have already retired. While this can be a setback, there are several steps that ex-couples can take to ensure their retirement is not completely derailed. One piece of advice that is often given is for both parties to hire their own financial professional when they are contemplating ending their marriage. A financial adviser may assist with retirement details, future investments and taxes. Both parties should also review their existing retirement assets, and a financial professional may help a client understand how accounts may grow under certain scenarios. When Social Security retirement benefits are considered, many experts suggest that if possible people should put off beginning to draw them down until they reach the age of 70. Finally, making a new budget that takes a divorced person’s new financial limitations into account is extremely important. It is recommended that people track how they are spending their money so that they can better determine where to cut spending in order to save for retirement. Additionally, keeping up with retirement planning after the divorce has been finalized will help the person stay on track. In a high net-worth divorce, an attorney may help a client seek a fair share of the couple’s property. Retirement plans often are a

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Beneficiary designations and divorce in Massachusetts

After people divorce, most do not intend for any of their assets or property to pass to their former spouses. While people may remember to change their wills, they may wrongly believe doing so will automatically change the person to whom their life insurance and retirement accounts will go to. The beneficiary designations on such accounts and policies supersede any contrary information in a will, however. It is thus vitally important that people review their designated beneficiaries in a divorce. Intended account beneficiaries may not be changed while a divorce is pending. Prior to filing the divorce, people are able to change their beneficiaries. For certain types of retirement accounts, both spouses will have to sign the beneficiary change form, though. If people share a financial adviser, they should be aware that the adviser might inform the other spouse of a change in beneficiaries as well. If changes are not made prior to filing for divorce, people will have to wait until the divorce is final to make the changes. In some divorce cases, a spouse agrees to continue carrying life insurance to benefit the other spouse after the divorce. As courts will sometimes find that the life insurance should instead go to a different person, the former spouse for whom the policy was intended may be out of luck. Following the divorce, they should make certain their spouse reaffirms them as the intended beneficiary to prevent this from occurring. In a high-net-worth divorce, the division of property may be

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The federal income tax consequences of alimony

As tax season quickly approaches, Massachusetts residents who are either paying or receiving alimony need to be aware of how the IRS treats the payments. People who pay alimony are able to deduct the amounts, while those who receive the payments must report them as income on their tax returns. Not all payments are deductible. If a combined payment is made for alimony and child support, only the portion of the payment that is alimony is deductible. Child support payments cannot be deducted on a tax return and do not have to be reported as income. The alimony payments must also be made pursuant to a court order or separation agreement, as voluntary payments may not be deducted. The IRS does not allow people to deduct payments made to the other spouse that are that spouse’s share of the marital estate. If a person is ordered to make payments to a third party on their former spouse’s behalf, those amounts are deductible, however. Examples include court-ordered life insurance, medical insurance, rent, utilities and other such expenses. The spouse for whose benefit they payments are made must also report third-party payments made on their behalf as income. Spouses whose divorce cases involve the potential for an alimony order need to be aware of the tax treatment given them. Those who have questions about whether a particular payment will be counted as deductible or reportable alimony may want to speak with their family law attorney to make certain they comply with the

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Divorce and property division

Spouses preparing for divorce might benefit from understanding more about some of the factors that can dictate how real estate assets are allocated by a formal proceeding. The outcome of property division typically depends on the state laws governing the divorce. Many separated spouses struggle with determining how much each party is entitled to receive from the marital estate. State laws may dictate whether divorcing spouses must split the value of the home equitably, or if one party is entitled to keep the property in its entirety. Some spouses are successful in avoiding contentious disputes and lengthy proceedings by selling their property before filing for divorce. When a spouse is unable to sell a house before filing for divorce, it may be used against them as leverage in the negotiations or formal hearing. Dividing the property equitably is the primary point of contention for many divorcing couples. Often times, dividing the proceeds from the sale of the home is far easier than negotiating the rights to retain the property. Spouses may also benefit from recognizing the significance of additional costs that are attached to retaining the home, such as the commission for the real estate agent and capital gains tax. Some individuals make the mistake of letting their emotions dictate their decision making while undergoing the divorce process. The emotions often subside, but the consequences of those rash decisions may be everlasting. Divorce lawyers may be able to assist separated spouses prepare for property division. Legal counsel might be able

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Medicaid may have an influence on divorce rates

A recent report suggests that the long-term care required by older Massachusetts residents may be costly. According to one estimate, some individuals may be paying as much as $83,000 each year if they are seeking treatment in a skilled nursing facility. Furthermore, approximately 70 percent of individuals who are older than 65 will require some form of long-term care. The report goes on to state that these figures and Medicaid might be a driving force for an increase in divorce. Suggesting that approximately 66 percent of the aggregate cost of long-term care is covered by Medicaid, the report states that many individuals seek financial help from Medicaid long-term care benefits. These funds may be used to cover home health services or room and board for some individuals over the age of 21. Qualifying requires that the person meet federal guidelines on poverty. Individuals may also spend down their income in an attempt to qualify. Based on a five-year look back period and a recovery process that Medicaid might initiate against a person’s estate after they pass away, the report argues that the rules are promoting divorce. It suggests that if a couple is still married, the assets of the partner who is not receiving benefits are not protected unless they are no longer living together. However, if the couple divorces, they are allowed to live together, and the non-receiving party’s assets are not subject to estate recovery. As this information shows, there may be some financial benefits to seeking a

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Factors used in Massachusetts to determine alimony

If you are going through a divorce, you might be worried about what will happen when you are on your own. You may be concerned about whether you will be able to make enough money to support yourself, particularly if you gave up your career to support your spouse’s ambitions or were unable to obtain the education necessary to develop job skills. Alimony, or spousal support, could be a viable option to help you get by and is based on multiple factors. Alimony is a type of financial support that the court orders a former spouse to pay to ease the transition into separate households. The payments could be awarded temporarily or permanently depending on your situation. For example, alimony is awarded more often when the spouses have been married for 10 years or longer and there is a big difference between their individual incomes. The most common factors that Massachusetts courts consider are the length of the marriage, each of your financial needs and earnings potential, the standard of living that you became accustomed to during marriage, and the mental and physical condition and age of both parties. The court also considers the ability of your spouse to pay, whether you suffered economic loss because of your marriage and the contributions you made to your marriage, such as refraining from work to care for children or helping pay for your spouse’s education. However, the courts could deviate from these guidelines for rehabilitative and general alimony. For example, if you

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The role of artwork in a divorce property division

Massachusetts residents who are seeking a divorce may be interested in some information on how artwork is treated at the end of a marriage. Depending on when it was created, the pieces may be up for grabs when marital property is divided. When a couple makes the decision to divorce, they need to go through the property division process and divide their existing marital assets. When one of the spouses is an artist, they may be unclear about what to do with their artwork. An artist often believes that their works belong to them, because they created the pieces. In the eyes of the law, however, the artwork itself is simply another piece of property owned by the couple. Because of this, the artwork is subject to the same equitable division principles as the rest of the former couple’s assets. Artwork presents complex property division issues due to its often-subjective nature. A monetary value needs to be assigned to each piece by an appraiser or gallery owner. In addition, any licensing agreements for the artwork created by one of the parties needs to be included as property and revenue that belongs to the marriage. If artwork was created prior to the marriage, though, it will most likely not be part of this marital property division. Failure to properly account for the value of this artwork could open the creator up to allegations of fraud and could end up losing them all of that property. To avoid this, legal counsel may

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The different types of alimony payments

As Massachusetts residents may know, the higher earning spouse facing divorce may have to pay alimony to his or her former partner as a part of the settlement. However, there are several ways that alimony payments may be approached. Many alimony payments are made on a monthly basis, but this may be frustrating for the payer, and there might be consequences if a payment is forgotten. In addition, it might interfere with a newly divorced individual’s feeling that he or she is moving on with their life. Another option is to pay the alimony in a lump sum to the former spouse, which is allowed in some states. A lump sum payment may be advantageous in that the payer will not have to be concerned with the timeliness of the monthly payment. Individuals who are late may face court judgments filed by the former spouse in an effort to collect. Paying alimony in its entirety involves paying all the owed alimony payments at once. If it is listed as alimony, then the tax burden may go to the receiving spouse. However, if the lump sum is listed as a settlement, then it might have tax consequences for the payer. In addition, both parties must agree to a lump sum payment, and it must be approved by the court. It may be advantageous for the receiving spouse to accept a lump sum payment since the money might be invested and allowed to grow. In addition, the receiving spouse need not be

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