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PRE & POST DIVORCE CONSIDERATIONS FOR FINANCIAL PLANNING
Do not assume that your insurance agent or company knows about your changed circumstances. If your spouse was your beneficiary and the designation is not changed, your former spouse may receive the proceeds upon your death. If a beneficiary designation simply reads “wife of the insured” or “husband of the insured” and there is no spouse, the secondary beneficiary will receive the proceeds. In some states a divorce automatically changes your beneficiary designations (and your appointments of trustees, UTMA custodians, etc.), whether you want them changed or not. Even if you do want the designations changed, the automatic changes may not be the ones you would select.
Life insurance may be required as part of a property settlement agreement or to guarantee the continuation of spousal or child support payments. This may involve the transfer of ownership of an existing policy, the purchase of a new policy by you or by your ex-spouse on your life, or beneficiary designations on new or existing policies owned by you.
If the premium payments are to be classed as alimony for federal income tax purposes, it is important that you consult with your attorney to be sure that both the policy ownership arrangements and the insurance provisions of the property settlement agreement meet the requirements of the Internal Revenue Code.
If you live in a Community Property Law or Marital Property Law state, it is extremely important that the ownership of your life insurance be specifically covered by the terms of your divorce decree or property settlement agreement. In those states the law may actually grant an ex-spouse more rights in a policy than they had during the marriage if the decree or settlement agreement does not specifically dispose of the policies.
If you are contemplating divorce or getting married again, you may have many options to consider with respect to your life insurance coverage. Talk to your agent without delay.
Top 10 Financial Tips to Consider Before Remarriage
1. Discuss finances beforehand. The first date is too soon and the honeymoon is too late.
2. What is your credit history? How much debt are you bringing into the relationship? Do you pay your credit card bills on time? Ask questions so there are no surprises when the two of you make big purchases like an automobile or a home.
3. What is your financial personality? Are you a saver or a spender? Do you live from paycheck to paycheck? Are you a penny pincher who cuts coupons? Have an honest discussion with each other about your habits because it will affect your relationship in the long run.
4. Create a savings plan. Discuss short- and long-term saving options, investments, retirement, IRAs and 401(k) plans.
5. Communicate and negotiate everyday money matters. Should you open a joint checking account? Who will buy groceries? Who will keep track of monthly statements and bills?
6. Focus on goals, dreams and objectives. Are you saving for a home? What savings plan will you have for your children?
7. Update insurance and estate plans. Make sure you're sufficiently insured and the beneficiary for each policy is updated. You may also need to update other estate documents.
8. Examine your tax situation. Tax laws penalize dual-income families; determine what will benefit you and your partner in advance.
9. Consider a prenuptial agreement. A prenup isn't just for the rich; it can cover a variety of things like property, a home, inheritance and other investments.
10. Talk with a certified financial advisor. Financial planners can help you establish a plan that will help you reach your objectives.
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More Information on Remarriage and Social Security
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