11 Tips for How To Divorce Proof Your Personal Finances (2024)

Divorce is an unfortunate part of life. For whatever reason or another, it just doesn’t work out. Ultimately, you’ve both done what you can but it’s for the best to just move on. Divorce also affects numerous parts of your life. From your social life, to your personal life, and to your financial life. If you’re not careful, divorce could very negatively affect your financial life. Today, I want to share some tips on how to divorce proof your finances so you don’t end up in a financial mess.

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Many things may seem uncertain when you’re facing a divorce and this may even include your financial future. You have to make sure that you are protecting your financial security for later.

11 Tips for How to Divorce Proof Your Personal Finances

If you’ve recently divorced or are going through a divorce, one of the important issues that you should settle is how any joint debts are to be handled. This includes mortgages on a jointly owned home and any joint credit cards that you have.

You also need to be aware of how failure to pay those debts on time will affect your credit rating – even if your divorce decree states that you are not the party responsible.

1.Reduce unnecessary expenses as soon as you can.

Meet with your spouse and agree to cancel utilities and other bills. You will probably need to have money later on and this is a way to save money. Sell off your personal property that you do not need or want anymore. You can do this now to avoid losing it later on.

2.Cancel all of your jointly owned credit cards.

You both should agree to cancel the cards and get separate ones. You need to cancel the cards because the spouse can charge up all kinds of different charge on the cards and you will get stuck paying them back. Canceling the cards now can save you money that you will need to have later on.

There are two kinds of credit card accounts – individual and joint – and each is seen differently in terms of credit history. Don’t assume that just because you have a credit card with your name on it the account was a joint account. The account holder of an individual account may designate ‘authorized users’ and issue cards in their name, but the account holder is still the responsible party for the payment of the bill.

If you authorize a user on an individual account, the account may show up on both your credit report and theirs. If you have a joint account, it will appear on both of your credit reports. If you divorce, you are both responsible for any bills on joint accounts – but you may also be responsible for any bills on individual accounts held by your ex-spouse if you live in a community property state.

Credit companies are obligated to close or freeze a joint credit account at the request of either holder on the account, but they may not close the account without that request. To protect yourself in case of divorce, financial advisors recommend the following:

3.Freeze all joint credit accounts immediately.

This will prevent the credit cards from being run up further and hurting your credit further. Most creditors will not close an account with an outstanding balance, but will freeze it at your request.

4.Remove your ex-spouse as an authorized user from any individual account that you hold.

It’s important that only you will have the authorization to charge items on your individual accounts. This will help protect your accounts, and will ensure that you have your own credit after the divorce.

5.Ask credit card companies to convert joint accounts to individual accounts in the name of the person who will be responsible for paying them.

The credit card company is not obligated to do this. They may require that the balance be paid in full, or that the individual apply for credit in his or her own name, and then transfer the balance.

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6.Allocate the debts for repayment responsibility.

The best way to allocate debts is for each of you to agree to be responsible for repayment in full of specific accounts. Be aware that any agreement between the two of you is not binding on a third party – the credit card company. If your ex-spouse agrees to pay an account and then defaults, it is still legally your responsibility to the credit card company to pay it.

7.You may want to separate the jointly owned bank accounts.

If you have bank accounts together, you may want to divide the money first. Even if things may appear to be amicable, you just never know what will happen. Your spouse may decide to go and take care of the money on their own and leave you with nothing.

8.If you have outstanding bills for the home, explain this to the spouse so that the arrangements can be made to pay for them. If you do open up a different bank account, consider opening it at another bank. Do not stay with the same company.

9.Stop contributing to combined accounts like 401K and pension plans. Telling your place of employment usually does this. Make the necessary arrangements so that your money is not being added to this account. You have to do this until you find out what will happen to those accounts and who will benefit from them.

10.Keep your job or try and find one. If you’ve thought about working at home, this may be a good time to start.

You have to make sure that you are protecting yourself and able to raise your family. If you are not getting any income from your spouse, you will have to do something to support your monthly needs. You may want to ask your ‘soon to be ex’ if they can help you financially until the divorce proceedings are over. This is only recommended if you are ending the divorce in a good way.

If you are fighting over everything and not getting along, you need to contact your attorney and have them ask for you.

118.Another tip that I can offer, is to maintain personal bank accounts before you’re married. Though it may seem like a situation of his money/her money instead of his/her money; it may just help keep spending under control. If you do have a joint account, be sure that both of your names appear on all necessary documents.

Getting married is a thrilling, happy time and though a divorce may be the furthest thing from your mind, it couldn’t hurt to divorce proof your finances from the get go.

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But, even if you don’t, it’s never too late to start.

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11 Tips for How To Divorce Proof Your Personal Finances (2024)

FAQs

Can I empty my bank account before divorce? ›

That means you cannot empty your joint account unless your spouse consents or you get a court order first. If you are considering divorce, it's important to prepare financially. Our attorneys can advise you regarding what information you need to gather and how to address your fears of having no funds.

Can a spouse hide bank accounts in a divorce? ›

Under California law, a marital relationship is a confidential relationship requiring the highest good faith and fair dealing. Accordingly, California law provides that all spouses have a duty to make a full disclosure of all their assets and provide equal access to all information related to their finances at divorce.

Can a wife take all the money from a joint account? ›

If the funds in your joint bank account are considered separate property and owned exclusively by your spouse, they may legally be able to drain the account. Similarly, even if the account is community property, a spouse may be able to withdraw money for reasonable living expenses, legal fees, and children's expenses.

Can divorce ruin you financially? ›

To put it simply, regardless of your financial position during a marriage, you'll likely have less money coming into your household after a divorce, and you may not be able to afford all the things you used to when you were married.

Why won't she file for divorce? ›

Some people simply don't want their marriage to end and are holding on to the possibility that their union can be saved if only they had a little more time. This is perhaps the least manipulative reason to delay divorce; some people just have difficulty letting go or truly believe that they can patch up the marriage.

What is silent divorce? ›

A silent divorce, also known as emotional divorce, is a gradual and often unnoticed separation between couples. It's where the intimacy, love, and connection that once bound two people together slowly erodes, leaving them feeling more like roommates than romantic partners.

What is the walkaway wife syndrome? ›

There's a term for this: walkaway wife syndrome. This term is sometimes used to describe instances where a spouse – often the wife – has felt alone, neglected, and resentful in a deteriorating marriage and decides it's time to end it.

What is the first thing to do when you want a divorce? ›

If you think your relationship may end in divorce, your first step should be to consult an experienced divorce attorney. Even if you have not fully made a decision, they can help you to understand what the likely outcomes may be in terms of financial and custody arrangements.

How do I leave an unhappy marriage with no money? ›

Ask for help

When you're leaving a marriage with no money, it's important to reach out for help. Friends and family members could keep a lookout for deals on furniture for your new apartment, offer child care while you go to the courthouse for divorce proceedings, help you move out, and more.

Can one spouse clean out bank account? ›

In short, whether a spouse can (or should) empty a bank account before a divorce depends on many factors, one of which is whether the funds are clearly your separate, non-marital property, and whether the spouse can prove that in court.

Should I open a new bank account before divorce? ›

Opening a separate account before the divorce is initiated can protect you from immediate financial harm if you suspect your spouse might drain your joint funds or lock you out of your account to retaliate.

Are bank accounts frozen during divorce? ›

The court has the power to freeze your bank accounts and other marital assets when you're in the middle of a divorce. We're not just talking about the house, cars, and furniture. Marital assets can include insurance policies, bank accounts, inheritances, and more.

Should I open my own bank account during divorce? ›

Since California is a community property state, the law presumes that anything acquired during marriage needs to be equally divided. Legally speaking, there is nothing wrong with having a separate bank account. You aren't required to keep joint accounts or file joint tax returns.

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