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September 8, 2005

Financial Experts May Help with Property Division and Support Issues

Posted by Filed under Child Support, Alimony, Property Division.

Newsweek is carrying an article with advice from a divorce financial analyst. The article shows some ways that investing in the services of a financial analyst may maximize the marital assets and, therefore, lead to more property ultimately being distributed to one or both spouses. A financial analyst may also help to optimize allocation of the spouses’ future income(s) among each other and their children.

In appropriate cases, good financial analysts can add tremendous value to the divorce process. The spouses would do well to remember, however, that some financial analysts tend to view support and property division in a purely mathematical way.

But the impact of divorce can’t be boiled down to a straightforward mathematical formula.

For example, remaining in the marital home may help maintain some stability, emotional security and continuity for minor children whose parents are divorcing. This value to the entire family cannot be captured by a financial formula.

Similarly, tax savings, while important, may not be the overriding objectives for one or both spouses. Touching on an example in the article, alimony and child support serve different purposes and do not continue for the same periods of time. In some cases, it could ultimately prove detrimental to attempt to characterize payments for one as payments for the other just to achieve better tax treatment.

The totality of divorce is a complex process for the spouses and the family. Wherever possible, spouses/parents should evaluate alternative divisions of property and future support issues with their attorneys in the larger contexts of the divorce and the family.

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