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Published byAmbrose Bradford Modified over 8 years ago
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HELPING CLIENTS NAVIGATE THE TURBULENT WATERS OF DIVORCE THEA GLAZER CFP®, CDFA™
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Divorce - Three Divorces in One Emotional Financial Legal
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Divorce Models Pro Per Litigated Divorce Mediated Divorce Collaborative Divorce
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Pro Per “Do it yourself divorce” - Couple completes paperwork and files themselves – no attorneys or other professionals involved
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Litigated Divorce Underlying position is adversarial Unresolved issues are decided by a judge Substantial cost of “Discovery” Delays High Cost – Financial & Emotional
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Mediated Divorce Couple and one Mediator Attorneys not actively involved, but often advise Financial and Emotional Dynamics of the Marriage Continue in Mediation Cost effective
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Collaborative Divorce “Out of Court” Solution Team Members – 2 Attorneys, 1 Financial, 2 Coaches Other Team Members: Child Specialist Transparency of Information Couple Crafts Settlement with Advice
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Financial Information to Gather Living Expenses – Family and Individual Income Tax Returns – Personal & Business Pay Stubs Real Estate – FMV, Mortgage & Basis Bank and Credit Union Statements Investment Account Statements and Basis
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Financial Information to Gather, Con’t. Life Insurance – Cash and Face Values Annuities – Fixed and Variable Retirement Plans – IRA, 401(k), 403(b), Defined Benefit Pension, Profit Sharing Deferred Compensation Employee Stock Options and Restricted Stock
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Financial Information to Gather, Con’t. Employee Stock Purchase Plans Medical, Health and Long Term Care Ins. Business Appraisal Other Assets – Country Club, Air Miles, Collectibles, Cars, Jewelry, Toys, Etc. Debts – Credit Cards, Loans, Taxes
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Big Issues Support: Child Support Spousal Support Division of Assets
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Child Support Litigation & Mediation - Determined By Formula Collaborative – Needs Based, Negotiated Factors: Income Percent of Time Exemptions and Tax Filing Status Medical Insurance Expenses
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Spousal Support Litigation and Mediation – Use Guidelines Collaborative – Negotiated Factors: Length of Marriage – 10 Years = Long term Ability to Pay / Ability to Work Taxable or Not Buy Out – Present Value
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Income Salary and Wages Bonus Self Employment Income Rents and Royalties Employer Match to Retirement Plan Company Paid Expenses
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Expenses Living Expenses Major Expenses – Private schools and College Managing with Less
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Division of Assets Community Property Separate Property Combination – CP and SP
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Division of Assets Assets are Not Created Equally Liquidity Risk Tax Consequences
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The Biggies The House The Family Business Employee Stock Options The Pension Plan Retirement Plans – 401(k), IRA, etc.
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The House – Sell Or Keep? Keep Best for Kids? Trade House for Other Assets Refinance to Remove Spouse from Mortgage Embedded Capital Gains Lack of Liquidity Non Income Producing Asset
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The House – Sell or Keep? Sell Capital Gain Exclusion – 2 out of last 5 Years as Primary Residence “Unforeseen Circumstance” – Reduced Exclusion As Married - $500,000 CG Exclusion As Single - $ 250,000 CG Exclusion
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The Business Spouse remains as co-owner Trade Value for Other Assets Give Spouse a Note for Share
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Employee Stock Options (ESOs) Nonqualified Options Transferable if Allowed by Plan (DRO) No Tax Consequences from Transfer Exercise Generates Ordinary Income If Not Transferable, Employee Must Exercise on Behalf of Spouse “Alternate Optionee” receives 1099
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Stock Options Continued Incentive Stock Options (Qualified) Are Not Transferable As Qualified – Become Nonqualified If Transferred No Tax Upon Exercise LTCG if Held 2 Yrs. from Grant Date or 1 Yr. from Exercise Date May Create AMT
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ESOs – Other Considerations Value of Options – Vested and Unvested Time, Stock Price, Volatility Black Scholes vs. Binomial Risk – Value and/or Forfeiture Option Exercise Considered Income for Child Support Calculations
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Retirement Plan Division Defined Benefit Pensions – Share Benefits or Present Value and Trade off 401(k)s, 403(b)s, ESOPs, etc. – Trade or Divide by QDRO IRAs – Trade or Divide – No QDRO Can Avoid Tax Penalties If $$ Taken Directly from Qualified Plan per QDRO
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Other Financial Considerations Health Insurance COBRA – 3 Years Health Condition Now vs. 3 Years Life & Disability Insurance – To Secure Support Payments Estate Planning – Death During Divorce
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