How to Split These 7 Assets During a Divorce

Advantage Attorney • Jun 12, 2019

divorce  exceeds emotional turmoil, it can also leave lasting effects on your financial state. If you’re in the process of getting divorced, you’ll have to go through the potentially grueling process of  splitting up the assets  you and your soon-to-be former spouse have acquired. Taxes and your monthly budget are the 2 main finances that will be affected by  divorce.

Here are a few of the most common items and  how to allocate them between you and your ex :

1. Your Home

If you and your spouse don’t have an emotional attachment to your house, then you both can easily agree to sell the property, divide the proceeds, and move on. Unfortunately, in some cases, you might have to sell your home at a loss and determine who will be responsible for paying the remaining mortgage. If you and your spouse wants to keep the house, then whoever wants to keep the house has the option to buy out the other person’s half.

2. Your Car

If you and your spouse share a car and own it together, things could become complicated. If neither wants to split with the vehicle, then the best bet is to split the value of the vehicle evenly. Again, there are two ways you and your spouse can go about this: sell the car and divide the proceeds, or have one person keep the car but pay the other spouse’s share.

3. Your furniture and household items

When it comes to furniture and household items, this may be tricky to divide between you and your spouse. You’ve built a life together and that means acquiring and buying household items together. The best way to divide these items fairly is to take inventory, determine the value of each item, and divide it evenly so you both take away an equal share.

4. Your artwork and collectibles

Artwork and collectibles is another difficult item to split up. There is sentimental value that comes with artwork and collectibles, so if you can’t agree on how to split it fairly then it’s best to sell everything off and split the proceeds.

5. Your 401(k)

The best way to correctly portion out a 401(k) is to get a Qualified Domestic Relations Order (QDRO), which is a legal document that outlines the way an employer-sponsored retirement plan will be split. With a QDRO, you can avoid certain taxes and penalties that previously would have stemmed from taking early distributions from your plan.

6. Your IRA

Contrary to 401(k)s,  IRAs  do not require a Qualified Domestic Relations Order to allocate account assets. Funds in an IRA are split according to the current divorce agreement.

7. Your Non Qualified brokerage account

Some couples decide to hold a large portion of their investment assets in retirement accounts. However, if you have a traditional brokerage account you’ll need to prepare to split that up as well. We recommend making a list of your individual holdings and seeing how much you paid for it. This is beneficial because if you or your spouse decides to sell a given asset, you’ll need to account for capital gains, which can hurt your proceeds.

A divorce is never easy, but being aware of how to split the most important assets can help you and your spouse reach a smoother agreement. Make sure you hire the right attorney and  contact   David Veliz at Veliz Katz Law Firm, so splitting assets is the least of your worries. Read the  full article by Maurie Backman on The Motley Fool.

18 Apr, 2024
Financially Preparing for Divorce in Central Florida
By Ddswayne 27 Feb, 2024
Understanding How to Pass on Your Crypto and NFT Wealth In today’s digital age, our wealth isn’t just limited to physical assets like money or property. Many of us have valuable digital assets like cryptocurrency and Non-Fungible Tokens (NFTs), which can hold significant value. But what happens to these digital treasures when we’re no longer […]
By Ddswayne 20 Feb, 2024
Why Every Maitland Family Needs an Estate Planning Attorney When it comes to looking out for our loved ones, it’s important to think ahead and plan ahead. Estate planning isn’t just something for the rich or older individuals – it’s important for anyone who wants to make sure their family is taken care of in […]
By Ddswayne 20 Nov, 2023
Creating Harmony in Complexity Through Estate Planning Estate planning for blended families goes beyond the traditional scope, requiring thoughtful consideration of the multifaceted bonds that connect parents, stepparents, and children. A well-crafted estate plan becomes a crucial tool for fostering harmony and ensuring that the interests of all family members are properly protected. Our Florida […]
By Ddswayne 23 Sep, 2023
Divorce in Florida: What You Need to Know Understanding the most common divorce issues in Florida can go a long way in preparing you for the challenges that lie ahead. Each divorce case is unique, but some challenges are more common than others. Having a good divorce attorney by your side can make all the […]
By Advantage Attorney 06 Feb, 2023
When it comes to probate, there are a lot of misconceptions floating around. Probate can be a confusing and overwhelming process, so it’s no wonder that there are so many myths about it. Whether you are creating an estate plan or were appointed to serve as the personal representative of someone else’s estate, you need […]
By Advantage Attorney 16 Jan, 2023
Contrary to what most people believe, pre-nuptial agreements are not solely for wealthy, high-net-worth individuals. Prenuptial agreements are highly useful legal documents for people from all walks of life. Therefore, knowing how they work and their benefits for Florida residents is important. At Veliz Katz Law, Attorneys Veliz and Katz are prepared to guide you […]
By Advantage Attorney 21 Dec, 2022
According to 2020 National Census data, 47.2% of children are born to unwed mothers in the state of Florida. This can make it complicated when trying to decide child custody when you’ve never been married to the other parent. There are a number of issues unwed parents may face when splitting up or navigating their […]
By Advantage Attorney 14 Nov, 2022
Going through a divorce is hard enough on its own, but having to make difficult decisions about who children should live with makes it even harder. According to the Centers for Disease Control and Prevention (CDC), the divorce rate in Florida is considerably above the national average with 3 per 1,000 population compared with only […]
By Advantage Attorney 25 Oct, 2022
Florida courts have the best interests of children in mind when reviewing and approving parenting plans. But what if your circumstances change and you need to modify a parenting plan? Are you eligible to request changes to the plan? The short answer is “Yes.” No parenting plan is set in stone, and Florida courts recognize […]
More Posts
Share by: