Divorce Financial Planning

Who do people turn to for such assistance? When people think about getting a divorce, the first professional that comes to mind is an attorney. Typically an Investment Advisor – whether it is a CPA, CFP® – is not considered until later in the divorce process – or even until after the divorce is final.

FAN2007204-225x300After his divorce, David went to an Investment Advisor to determine how to best position his assets. Together, David and his advisor decided to do a total financial plan for him. During the planning session, it became apparent that during his marriage his wife had done all of the investing. She chose all the investments, made all the decisions, and invested all the money.

At the time of their divorce she said, “Let’s just split everything 50/50. You take this half of the assets and I will take that half. Is that OK?” David answered, “Well, I guess that sounds pretty fair. That’s OK with me.”

Unfortunately, there was something he neither knew nor understood; neither did his lawyer, and neither did the judge. They didn’t realize that David would have to pay taxes on his half of the assets when he tried to access them. His ex-wife, on the other hand, could access her half of the assets tax-free. His 50/50 split cost him an additional $18,000 in taxes.

This parable has an unfortunate ending, but pre-divorce financial counseling can help people going through a divorce arrive at a settlement that is fully understood by all involved.

Financial problems can tear a marriage apart, and are often the primary factor that leads to divorce. Once a decision to separate or divorce has been reached, all sorts of questions bubble to the surface. These questions are often clouded by wounded emotions and accompanied by mutual accusations, which comes as no surprise. If a couple cannot solve their financial difficulties while the marriage was underway, it is unlikely that they will be able to agree on pressing financial issues when it has fallen apart.

Many divorcing couples have questions such as:

  • Where will the children live?
  • Who will pay for their education and medical treatment?
  • How do we value our property?
  • Who gets what property?
  • What tax issues must we be concerned with?
  • How do we divide retirement funds and pensions?
  • How will the lower-earning spouse survive financially?
  • What additional financial support does that person need?
  • Who gets the house?
  • What happens if a paying ex-spouse dies?

These are the questions that divorce lawyers face with each divorce case. Many lawyers struggle with the intricate financial details that concern tax issues, CRA rulings, capital gains, dividing pensions, and so on. Lawyers attend law school to become experts in the law, not to become financial experts. Additionally, even if lawyers happen to have accumulated a degree of financial expertise, they are not allowed to testify on behalf of their clients in court. This is why more and more lawyers have seen the virtue of bringing a financial expert into the divorce process at the very start. Solid information and expert analysis are important resources in their search for the best possible resolutions for their clients.

How Can We Help A Divorcing Couple

John and Jane are 40 years old and have two children. They own a home worth $165,000 with a net equity of $77,500. Their retirement savings total $165,500. John earns $90,000 a year and has a take-home pay of $68,760 a year. Jane has never worked outside the home and has no job skills, but hopes to get a part-time job with take-home pay of $8,900 a year.

The following settlement has been suggested. After the divorce, Jane and the children will live in the matrimonial home, which will be deeded to her. She will also receive $44,000 of the retirement savings while John will receive the remaining $121,500, thus dividing the assets equally. John will pay Jane spousal support of $600 per month for five years and child support of $225 per month per child. He will also pay the children’s college costs, starting in four years.

John’s expenses include his normal living expenses, child support, spousal support and education costs. Jane’s expenses include support for the children, and will be reduced as each child leaves home to attend college.

To improve Jane’s financial future, an alternative settlement could provide her with increased spousal support of $1,500 per month for 10 years which would actually cost John $1,005 per month in after-tax dollars. The correct child support for two children according to the Child Support Guidelines in their area is $1,136 per month for a payor with John’s income. Jane could also be awarded an additional $24,300 from the retirement savings plans, although she might need to cut her expenses by 10%. If they are made, John will still have a surplus, which he can add to his investments. If John stays within his budget and invests all of his extra income, his investments have the capacity to grow to $2.5 million by the time he is 60.

This example illustrates the value of financial planning as a means of reaching a more equitable divorce settlement. If the court’s intent is to treat both parties in a divorce as equitably as possible, it is essential to analyze the marriage as if it were a financial contract.

Contact Claudio

Claudio Piron CPA, CA, CFP®, CSWP, TEP
Senior Investment Advisor
Insurance Advisor

HollisWealth
HollisWealth Insurance Agency Ltd.
4 Director Court, Suite 110
Vaughn, Ontario, L4l 3Z5
Phone: 905 712 9302
Fax: 905 712 9330
Email: claudio.piron@holliswealth.com

Investment Industry Regulatory Organization of Canada (IIROC)

Canadian Investor Protection Fund