How To Separate Finances Before Your Divorce - Divorce Lawyer - Family Law Attorney - Divorce Mediation - Child Support - Child Custody - Alimony - Spousal Support - Collaborative Divorce - Paternity - Prenuptial Agreements - North Carolina - Raleigh, Car (2024)

Sometimes divorce is inevitable. Depending on your relationship, detangling your finances while you still live together may be wise. If you and your spouse both agree a divorce is necessary, coming to terms with financial separations and arrangements as soon as possible will save you time and money later. It is possible to separate your finances while you still own a home and assets with your partner. Here are the first steps:

Separate Your Bank Accounts and Credit Cards

The first and easiest step toward separating your finances is to establish separate bank accounts and credit cards. This keeps your income and debt separate from this point forward.

Account division is based on the percentage deemed fair by the couple, whether it’s based on earned income or individual responsibility. If you and your partner are disagreeing about this first step, you may want toseek outside support through a Certified Divorce Financial Analystor help from a mediator.

At this time, also close any joint credit cards that you have together and instead open your own accounts. Remember that you arefinancially liable for debts incurred on joint credit accounts even if the other person racked up the bills. That is why it is easiest and best to close joint accounts and open individual accounts as soon as possible.

Keeping one account together to pay for bills makes sense, but otherwise, all income and debt going forward should be divided fairly.

Separate Your Non-Marital Assets

Non-marital assets are comprised of any personal property that was owned by either spouse before the divorce. Make a list of everything you own separately. That list may include anything you deem of value like vehicles, collectibles, furniture, equipment, stocks, property, etc. Non-marital assets also includegifts that you receive from a third party while marriedand any assets that you receive via inheritance. Creating a detailed list of non-marital assets will save you time and money in the future.

Divide Individual Debt

Dividing debt can be tricky, but before you hire aCertified Divorce Financial Analyst and a lawyer, you can begin the process by separating out your non-marital debts. Individual, non-marital debts may include student loans, previous car loans, or consumer debt from a specific credit card.

If you have marital debt such as a bathroom renovation or a mortgage, it may be best to seek professional help before trying to divide joint assets and debt.

Three Steps To Protect Your Finances

In order toprotect your personal financesduring the divorce, it is important to always consider the following three points:

Educate yourself.

Divorce is increasingly complicated. You will have to delve into your own personal and financial history all while moving through a complex legal process. Make an effort to learn about divorce laws in your state and do not shy away from your finances. Educate yourself about your financial history, track your expenses, and anticipate future fees. The sooner you educate yourself on your financial position, the easier it will be to make informed decisions about your future.

Gather documentation. Keep records.

As soon as you start compiling your financial records, organize and store them properly. This will help you in the future if anything is disputed or unknown. Beyond your previous joint and individual records, keep a record of your separation process going forward. It is best to get everything in writing, even the mundane.

Consult a professional. Make it legal.

Whether you are working things out on your own or consulting a mediator, speak with aCertified Divorce Financial Analyst and a lawyer and have them review the agreement to both parties’ satisfaction.

How To Separate Finances Before Your Divorce - Divorce Lawyer - Family Law Attorney - Divorce Mediation - Child Support - Child Custody - Alimony - Spousal Support - Collaborative Divorce - Paternity - Prenuptial Agreements - North Carolina - Raleigh, Car (2024)

FAQs

How to manage finances before divorce? ›

4 financial steps to prepare your finances for divorce
  1. Step 1: Get organized and gather key financial documents. ...
  2. Step 2: Understand what you own and what you owe. ...
  3. Step 3: Know what bills are due and protect your credit. ...
  4. Step 4: Create your go-forward budget.

How to divide finances when separating? ›

Here are the first steps:
  1. Separate Your Bank Accounts and Credit Cards. The first and easiest step toward separating your finances is to establish separate bank accounts and credit cards. ...
  2. Separate Your Non-Marital Assets. ...
  3. Divide Individual Debt. ...
  4. Educate yourself. ...
  5. Gather documentation. ...
  6. Consult a professional.

How can I afford to live on my own after divorce? ›

Start with building your support system, finding an affordable place to live, and seeking alimony or child support. Then evaluate your income and expenses and adjust where necessary. After that, build your emergency fund and retirement accounts.

How to get back on your feet financially after a divorce? ›

How to Get Back on Your Feet Financially After a Divorce
  1. Create a Budget and Stick To It. ...
  2. Focus on What's Important. ...
  3. Pay Down Debt First. ...
  4. Boost Your Credit Score. ...
  5. Generate More Income. ...
  6. Spend Money Wisely. ...
  7. Find Alternate Accommodations. ...
  8. Getting Back on Track After a Divorce: It's Tough, But Worthwhile.

Does my husband have to pay the bills until we are divorced? ›

Until you have a court order, any property or debt from your marriage still belongs to both of you. This is true no matter who is using it or who has it with them. The same is true of debts.

How to financially prepare to leave husband? ›

How Do I Financially Prepare to Leave My Spouse?
  1. Gather Financial Documentation. ...
  2. Consider Shared Debts and Liabilities. ...
  3. Consider Joint Assets and Their Implications. ...
  4. Consider How You'll Adjust to a Single Income. ...
  5. Estimate Short-Term Living Expenses Post-Separation. ...
  6. Plan for Long-term Ongoing Expenses.
Jul 10, 2024

Can I empty my bank account before divorce? ›

It is possible that you will lose your right to your property and that you will be denied access to the financial resources you believe belong to you. Key Takeaway: Do not remove any funds from a joint bank account before the divorce proceedings are complete.

How to avoid wife taking half? ›

The best method to protect separate property is to enter into a prenuptial agreement. Sign the prenup before getting married. The contract spells out exactly how property will be distributed in the event of a divorce.

How to separate when you can't afford it? ›

Close joint accounts, and set up new accounts under your own name. This could include your checking accounts, savings accounts, and credit card accounts. You can also focus on paying off shared credit card debts, so that it will be easier when the time comes to separate and you won't have these shared expenses.

What is a silent divorce? ›

A “silent divorce” or an “invisible divorce” generally refers to the same concept. Both phrases describe a situation where a married couple remains legally married but has effectively ended their emotional and often physical relationship.

When you want a divorce but can't leave financially? ›

You can ask for a temporary order from the family court when you file your divorce petition or after a petition is filed. Temporary orders can arrange for many things, including possession of the marital home, child custody or support, spousal support, and ordering a spouse not to sell marital assets.

When can't you afford to divorce? ›

Wondering if it's possible to get a divorce with no job and no money? Yes, you can. States don't want to keep you in a marriage you don't want to be in, so they provide options for you. In addition to some affordable online divorce options, you may also be able to find support from a legal aid society in your state.

Who suffers more financially after divorce? ›

There is a good body of research on the subject that shows women bear the heaviest financial burden when a couple divorces.

Does divorce leave you broke? ›

As for how much divorce will cost you, it's hard to estimate just how much you stand to lose since costs go far beyond hiring an attorney and can affect everything from your mortgage payments to your utilities and insurance. But one thing is certain: Everyone emerges from a divorce financially banged up.

How do I manage my finances when one spouse makes more money? ›

There are three common approaches when it comes to financial planning as a couple:
  1. Merge everything together and share all income and expenses. ...
  2. Create a joint account for shared expenses, while also maintaining separate accounts. ...
  3. Keep everything separate and split the bills.
Aug 17, 2023

How can I protect my money in a marriage without a prenup? ›

Keep Separate Property

Keep real estate separate by keeping the title in your name alone, and don't use commingled money to maintain the property. Likewise, keep individual financial accounts and retirement assets as separate funds in your own name. Open a separate joint account to manage marital funds.

How to prepare financially for divorce as a man? ›

7 Financial Planning Tips for Men Considering Divorce
  1. Gather All Financial Documents. ...
  2. Assess Your Assets and Liabilities. ...
  3. Review Retirement Plans. ...
  4. Evaluate Insurance Coverage. ...
  5. Consult with Financial and Legal Professionals. ...
  6. Create a Budget. ...
  7. Update Your Estate Plan. ...
  8. Get Legal Help From a Divorce Attorney.
Oct 19, 2023

How do you split finances when not married? ›

Combine: Both of you would manage all income and spending from a joint account. You may also be on the same credit cards and loans. Hybrid: You would have a joint account for shared income, expenses and savings, but each of you would still maintain a personal account for your own spending.

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