
Since nearly half of all marriages fail, divorce is unfortunately very real for
many people. Couples face the difficult task of separating emotionally and
financially. This has insurance implications as well. Legal and financial advice
will be critical, particularly if there are children involved. Divorce can have
a serious impact on one's credit standing, both in terms of dividing joint debt
that exists at the time of divorce and expenses that come with starting over.
Paying close attention to existing obligations and monitoring credit reports at
this time is critically important.
AUTO
A divorced couple will need to decide who gets
which car. A change in car ownership will mean a change in insurance. Let your
insurance company know about a change of address; who will now be driving the
car; and any change in the type or amount of driving that will be done. These
details will have an effect on your insurance premium. If someone needs to buy a
new car, new insurance will need to be arranged before the car is registered.
Removing a former spouse from the insurance policy also protects you from
possible liability if they are involved in an accident and get sued.
HOME
Divorce will mean a change of address for one or
both parties. The insurer needs to know when there is a change in residence and
property coverage. For example, if one party leaves and receives the jewelry in
the divorce settlement, the insurer will need to know whether to cancel any
special coverage for expensive jewelry. Likewise, if security modifications are
made to the home, because one party is now living alone, tell the insurance
company. Those security upgrades may qualify for a discounted rate. If moving
from a owner occupied home to a rental property, consider getting renter's
insurance to cover personal possessions and liability.
LIFE
Many married couples buy life insurance to cover
existing and anticipated debts and financial obligations. When a couple
divorces, these obligations generally still exist and life insurance should be
considered as part of the final divorce decree. Married couples generally list
each other as the beneficiary on life insurance policies. Carefully consider any
changes. There may be good reasons to continue to keep life insurance on a
former spouse. If the spouse who is providing alimony and child support dies,
this may mean a loss of income. Some divorced couples may also consider keeping
(or purchasing) life insurance on the spouse who has the primary responsibility
for raising the children. If he or she dies, costly childcare will need to be
arranged. The divorce decree should include the funds to pay for this life
insurance policy. This way, the spouse receiving alimony can make sure the
premiums are paid and he or she is financially protected with life insurance. If
a divorced couple is purchasing life insurance to provide financial protection
for the children and money is tight, they may want to consider purchasing term
coverage rather than whole life. Term is generally cheaper and it is designed to
provide protection for a specific period of time - for example, until the
children reach the age of 21.
HEALTH
Unless both spouses each have their own health
insurance and there are no children, health insurance should be clearly agreed
upon in the divorce decree. Federal law states that spouses and their dependent
children who are currently insured by a health plan are eligible for
Consolidated Omnibus Budget Reconciliation or COBRA coverage for 18 months. The
divorce decree should state how this is going to be paid for and a plan should
be legally agreed upon to make health insurance available after that time.
DISABILITY
A disability can threaten financial support that a
former spouse and children depend upon. Disability insurance should be addressed
in the divorce decree. Careful attention should be paid to how disability
insurance should be funded. As with a life insurance policy, the former spouse
receiving financial support should own the policy and pay the premiums to make
sure that the policy remains in force and that the beneficiaries are not
changed. The funds for this insurance should be represented in the amount of
financial support the spouse and children receive.
LONG-TERM CARE
Long-term care insurance covers the cost of
assistance to those who are unable to perform the normal daily activities that
healthy, fully functional people are usually able to do on a daily basis. The
need for long-term care services arises from chronic health conditions or
physical disabilities such as multiple sclerosis, Parkinson's or Alzheimer's
disease. Couples going through a divorce need to make sure that they take into
account both the need to care for aging parents and dependent siblings as well
as the cost of this insurance when assessing needs and allocating assets.
FINANCIAL PLANNING
There are two key things that divorcing couples
should do prior to meeting with their insurance or financial advisor:
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List assets and liabilities: This should include real estate
and personal property; checking, savings and investment accounts; retirement
and pension plans; and life insurance. On the liability side, there are the
mortgage, car and school loans; and home equity and credit card balances.
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Develop a budget: Income will be stretched to the limit
because there are going to be two households instead of one. The budget
should include normal living and household expenses; anticipated educational
and business expenses; tax obligations; car and home mortgage payments;
medical and dental costs; childcare and insurance premiums. There needs to
be a firm understanding as to what is required of each spouse.
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A trust may be appropriate to meet the educational needs of
any children. This may include a written agreement regarding future
contributions to this account to properly prepare for the increasing costs
of tuition.
Divorced couples also need to look into the cash
flow and tax implications for splitting assets. At first glance, a $100,000
savings account and a $100,000 traditional IRA may appear to have the same
value. However, a spouse with custody of the children might have more everyday
expenses and need greater access to cash than the non-custodial spouse.
Generally, the IRA can't be tapped until age 59 ½ without penalty. In the
meantime, unlike a savings or investment account, proceeds are tax deferred. The
vested portion of existing retirement plans should also be considered.
Military spouses who divorce should be aware of the
Uniformed Services Former Spouse Protection Act, which recognizes the
contributions that former spouses made to support the service member's career
and entitles the former spouse to a portion of the retirement pay. More
information can be accessed at www.dfas.mil.