Home -> Law Blog Directory -> Family Law Blogs -> California Divorce and Family Law
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Family Law
: California Divorce and Family LawNo Prenup? Take These Steps
Turn up the lights, turn down the music and forget about romance.
It's time to face the business side of marriage.
Cold as that may sound, the Census Bureau recently released data
that should make even the most blissfully married couples forget
pheromones and focus on finances.
According to the Bureau, the length of first marriages has been
getting steadily shorter since it started collecting such data in 1955.
Of couples married back then, about 70% made it to their 25-year
anniversary. Now, fewer than half of couples who were to celebrate
their silver anniversary sometime after 2000 actually ended up doing
so. The majority of marriages ended, due to divorce, separation or
death.
"Even the most optimistic people have to ask themselves, 'What
financial shape would I be in if my marriage ended?'" says Marilyn
Capelli, a financial adviser in Bloomfield Hills, Mich.
The most effective way for couples to button down their
finances is through a prenuptial or postnuptial agreement. But many
people are reluctant to even raise the possibility of drafting one
because it seems so, well, out of sync with that bit about "till death do us part."
Short of one of those contracts, there are some moves that may help you land on solid financial ground, no matter what happens.
If you receive a large gift or inheritance before or during your
marriage, keep the assets in your own name. If you deposit them into an
account you share with your spouse, they may be divvied up in a
divorce. If they remain in your name, you keep them.
Spouses with different spending habits should hold credit cards
in their own names. That way, any massive debt accumulated by one
spouse won't end up being a shared responsibility in a divorce. Couples wealthy enough to worry about estate taxes are typically
advised to title assets so that each spouse has an amount equal to the
estate tax exemption in his or her name (the exemption is now $2
million per person). Here's why: When kids inherit assets, they can
potentially benefit from each parent's exemption and inherit $4 million
free of estate taxes. But if one spouse dies with no assets in his or
her name, that spouse's exemption may be lost. But be cautious. "If you came into the marriage with money and
you title some of it to your spouse, you lose control over it," says
Lisa Osofsky, a planner and accountant at Weiser LLP in New York.
There is a way to avoid this and still preserve the estate-tax
exemptions: Create an irrevocable inter-vivos (meaning it goes into
effect during your lifetime) QTIP trust. Fund it with the assets you
would have titled to your spouse. Name your kids as beneficiaries, and
they will inherit the assets upon the death of your spouse. They will
be able to apply your spouse's $2 million estate tax exemption to the assets inherited through the trust.
Whether you remain married or not, your spouse will be entitled to income from the trust, "but you still protect the principal," Osofsky says.
In traditional arrangements, where the husband brings in a paycheck
and the wife stays home raising the kids, "it's critical that the woman
be involved in the finances, maintain a credit
record and stay as updated as possible on whatever career skills she
has," Capelli says. "While being committed to our families, people need
to keep our awareness alive and the doors open." From The Street. Protect Your Inheritance
Don't Get Tangled in Debt
Plan Ahead With Care
Stay Connected
Full post as published by California Divorce and Family Law on November 05, 2007 (boomark / email).
Wooden Bed Steps
Recalled

Bill Murray's Prenup -- with Extra Top 5 List!
Prenuptial Agreements: What Property is Included in a Prenup
John McCain: The Prenup President
"State Supreme Court: Porreco prenup OK."
Article on Blended Family Finances








