Cryptocurrency in Divorce

Cryptocurrency in Divorce

Coinbase (COIN) went public recently and had the attention of the investment world. Coinbase is a financial technology company that focuses on offering its retail users the ability to buy, sell, and own crypto and digital assets like BitcoinEthereumLitecoinDoge Coin, and other currencies on the block chain. Coinbase reported they have more than 50 million retail users.

 

The popularity of cryptocurrencies has skyrocketed over the last decade. You can’t watch Bloomberg or CNBC or any other financial news outlet without crypto being discussed. Significant wealth has been created for individuals owning crypto assets as well. On April 16th, 2020 Bitcoin was $7,354. On April 15th, 2021 Bitcoin was $63,214.

 

Some experts believe we are in the very beginning of a long bull market with crypto currencies and at some point the “crypto standard” will replace our current “gold standard”.  Financial advisors are struggling with how to offer these assets to their clients as a liquid, compliance approved vehicle is not readily available from a trusted source.   This is all rapidly changing.  Some experts estimate by the end of 2021 crypto currencies will become common place in portfolios as large financial institutions begin offering them.

 

 

Determining the Value of Cryptocurrency

Naturally, as a Divorce Financial Advisor, I began thinking how these types of assets were going to impact divorce settlements. In addition to Coinbase, investors can buy cryptocurrencies through companies like PayPal, Cash App, Robinhood, and Blockify. These relatively new types of investment vehicles should be examined very carefully by client’s getting divorced, attorney’s negotiating a settlement, and financial experts working for clients.  In addition, sometimes divorces take 6 or 9 months or even a year to finalize. With any asset as volatile as Bitcoin, you will want to make sure the marital balance sheet is updated before any financial agreement is reached.  Imagine the change in value of a Bitcoin holding from my example above. If Joe and Sally are getting a divorce and filed 4/16/2020 and he owned 3 Bitcoin valued at $22,062. A year later, and now that same Bitcoin is worth $189,642.

 

Analyzing cryptocurrency holdings in a marital estate is going to become more and more common moving forward. It will be crucial for the client, the attorney and the financial expert to work together to examine the potential impacts of taking the crypto asset versus giving it to their soon to be ex-spouse.

 

Determining the tax consequences will be a major issue as well. What is the tax impact if the crypto asset is sold? Were there any crypto assets sold in the year of the divorce? There could be a huge forgotten tax bill if you are not careful! Investors must report capital gains or losses from sales of cryptocurrencies on Form 8949 and Schedule D just like buying and selling property or stock. However, according to an article in the February issue of  Financial Planning, titled Crypto Creates New Hurdles for Financial Advisors This Tax Season, many firms only send out the gross proceeds of the Crypto asset sales. It is the investors responsibility to figure out their own cost basis. This can create many hurdles when determining a marital estate. This information is crucial to determine the impact of how the crypto asset should be split.

 

If you are handling crypto assets in your divorce contact us to help you navigate these waters to avoid costly mistakes and tax issues down the road.  Schedule your complimentary consultation today.

5 Smart Financial Tips to Plan a Divorce

5 Smart Financial Tips to Plan a Divorce

Thinking about divorce?  If you are, kudos to you for being here and reading this article.  Careful preplanning can save you time, money, and emotional turmoil.

This is already an emotional and stressful time. If you are like me and many of the people we guide through divorce, this also be a time when your thinking is the cloudiest. It is typical to have trouble understanding simple concepts or even wrapping your head around everyday problems.  That is normal!   Relax, take a deep breath, and know you can do this.  We can help.  Here are 5 simple things which can help you prepare financially for a divorce.

 

1. Have access to money – liquid cash or credit.

 This is vital!! You deserve to have access to funds for your basic living needs as well as professional support throughout your divorce.   This can mean a credit card in your name only, a separate bank account in your name, or even a stash of cash in a shoebox or safety deposit box.

Many couples function well working from joint accounts during their divorce, but we have also seen vindictive spouses empty joint accounts as soon as divorce is mentioned. You do not want to be left without access to funds to pay for divorce professionals or for basic living needs.  Be smart and take the necessary precautions before you discuss divorce with your spouse.

We do NOT mean hide money – we are simply suggesting you have access to funds which cannot be taken from you by an angry spouse without your approval.   You can open a credit card in YOUR NAME only while still using the marital income to qualify for a larger amount of credit.  There is nothing wrong with doing this prior to filing for divorce.  Be sure to do it before temporary orders are in place (aka when you file for divorce.)  If you have already filed for divorce, check with your attorney on what you can, and cannot do, under the laws in your county.

 

2. Gather all the financial documents you can find.

 Financial statements provide a road map to your estate.  They are the building blocks to a marital inventory and proof of ownership or debt.  I am referring to bank statements, retirement and investment account statements, mortgage statements, paystubs, tax returns, insurance policies, credit card statements, and anything else that seems important. Having copies of all this not only helps you stay informed about your financial situation but will save you money when you meet with a divorce professional and already have an organized file of your financial life.

Another reason to gather all the documents you can is to search for hidden assets.  We have had many women come into our office over the years with a box (or boxes) of documents.  One woman was told over and over by her husband they were “dead broke”. He would not even purchase new bed mattresses – he only bought them used.  By going through old tax records, we found $100,000 plus in CD’s and two rent houses she did not know they owned!

Information is power – gather all of it that you can, prior to beginning your divorce.

 

3. Take some time to thank about what you want in your future.

 It can be easy to get so wrapped up in the details of the present you forget about what is next. Do not make that mistake!   Stop and take some time to think about your life after your divorce. In particular – the financial side. Where do you want to live? What are your expenses going to be like? I recommend you put together a budget outlining all your expected living expenses. This will give you some clarity about what you will need moving forward and can lessen some of the anxiety about the future.

It may also make sense to work with a divorce financial advisor prior to filing so you can have an idea of what life after divorce will look like.

 

4. Find a Divorce Financial Coach or Therapist.

This may not seem like it is a financial step, but it is. A professional on your team that will help you make sound decisions can make a big financial impact on your future. Emotions run high during the divorce process and as we said earlier, your thinking will be cloudy. A divorce coach can help you work through those emotions to free your mind up for the business of divorce so you can objectively focus on the financial outcome.  A therapist can help you unbundle why you are in fear or why you feel the way you do and help you overcome obstacles entangling you emotionally.

When I went through divorce I had an amazing therapist guiding me and helping me untangle the feelings I had.  To be able to negotiate from a place of power, I had to get my emotions behind me and look at the situation like a business negotiation.  I worked with that therapist for 2 years after the divorce to help me not pick the same type of person and I didn’t. I am now remarried for nearly 12 years as of this writing and with a wonderful man who is very good to me and my daughter from my prior marriage.

 

5. Finally, think about how you would like to divorce.

If you think it is going to be a battle for every asset and advantage, then adversarial litigation attorneys will be involved, and the cost will be $20,000 – $50,000 or more. If you envision a more amicable process, then perhaps mediation is in your future. It will allow the two of you to talk through the issues and agree between yourselves what works best, saving a lot of money in the process. In either case you may want a financial professional, like a Certified Divorce Financial Analyst®, to be part of your team. The CDFA® can help remove any confusion about your financial situation, present options for the division of your assets, and provide a picture of how a given settlement will impact your financial future today and in the future.

A divorce is probably the largest financial transaction most people will undertake during their lifetime so make sure you are fully informed. These 5 simple things will get you started on the right track and help make the difficult process of a divorce go more smoothly.

For a complimentary consultation please schedule with us online today or call us at 281-505-8177.  Also, to understand your divorce options sign up for Divorce Options in Texas either online or in person in our Woodlands location or Houston location.  More information can be found online at www.divorcestrategiesgroup.com.

4 Tips to Divorce Financial Planning for Women

4 Tips to Divorce Financial Planning for Women

Of all the worries and concerns to think about when going through a divorce, financial planning may not be at the top of your list. It is likely you are working, raising kids, and paying the bills. Many newly divorced women feel the demands never end. Creating a new financial plan is important because you have lost the extra income of your spouse. It is also especially important if your spouse managed your investments and longevity planning. Outsourcing your financial planning makes sense when you are short on time but still need to make sure you manage your money well as you age. We encourage women to consider financial planning for several reasons, but most of all for the woman’s wellbeing and peace of mind. Here are a few tips to get started.

  • Planning at the Beginning

Your financial life after divorce starts as soon as you sign legal paperwork agreeing to a settlement with your ex-spouse. You need to make sure you know what you are signing, because it will have a big impact on your financial future. We recommend meeting with a financial planner to review the settlement before you agree to it. Financial planners can find opportunities you might have missed such as tax breaks or being able to retire earlier than you expected. This process with allow you to understand all your options before you sign the settlement agreement.

  • Planning for Longevity

Women generally have a longer lifespan than men. Financial planning in divorce will create a consistent cashflow strategy and budget. You and the financial planner will create a list of priorities you will need money for such as helping to finance your children’s education.

  • Planning for Financial Confidence

Some women going through a divorce assume they will have to live like a miser because they have an internalized fear. Financial planning gives you freedom by replacing fear with confidence. Investing money is difficult to do when you’re paralyzed by fear, but not investing means you could outlive the money you have now.

  • Planning for Peace of Mind

As financial planners, the goal we have for all our clients is to give them financial peace of mind. You will know what bills you need to pay every month and how much of your disposable income you can spend. You can spend your money in freedom because you know you have a plan for your budget, taxes, and investing. We can also help you adjust your financial plan if you experience new significant life changes.

Another common assumption women sometimes have during a divorce is they automatically own an asset the court has awarded to them. We will walk you through the steps you need to take before you can claim an asset as your own.

At Divorce Strategies Group, our main services to you is financial planning to help ensure you do not run out of money in your lifetime and to help you to take ownership of assets awarded to you in the divorce. We love the work we do because it empowers women to be financially independent for the rest of their lives regardless of circumstances. If you are going through a divorce and are in need of financial planning, please contact Divorce Strategies Group and schedule a consultation today.

Options for Dealing with Debt in a Divorce

Options for Dealing with Debt in a Divorce

Whether you have a career or are a stay-at-home mom, debt complicates a divorce. Nobody wants to be responsible for paying a spouse’s debts, and you want to avoid having any joint obligations on your side. There is a way forward if you are aware of your options.

Keeping the Debt

You have a few credit cards that you share with your spouse. When you look into your spouses’ spending, you discover that they have used credit cards for all kinds of things you don’t: gambling, alcohol, and a few hotel visits that have nothing to do with business trips.

This naturally is frustrating, so you don’t want to take care of the bill. They’re the other spouse’s expenses and they should have to take care of it, but they are not. The bills don’t get paid and time is moving forward and because the credit cards are under your name, whose credit is getting ruined? Yours.

You want to take care of any joint debt like this, so your credit report is clean. You will be compensated for it in the settlement by getting more of the cash, house, 401K, investments, or asset. Until that happens, you must protect yourself and keep paying the credit cards.

Excessive Spending

If your spouse is spending thousands of dollars you did not approve, we call that a “waste claim.” These can be difficult to prove and you will need attorneys to help.

In one case, the husband had bought a BMW and an apartment for his girlfriend. We found proof of that spending through receipts that amounted to tens of thousands of dollars. Our waste claim proved that he was stealing from the estate and he had to compensate the estate. With the help of a financial professional and the lawyer, he paid that claim on the estate spreadsheet and the wife was given more in assets as a result.

Digging for Information

If you know your spouse has spent a lot of money, but you do not know exactly how much or where there are ways to find this data. For our clients, we do a lot of digging, starting with the accounts we know about and looking for fishy transactions, such as massage parlors, prostitutes, or rent in New York when you don’t own property in New York. We look for anomalous patterns, flag them and ask for more information. We look at property records, tax records, and all kinds of paper. If the spouse isn’t forthcoming, your attorney can subpoena what we need.

Years ago we had a client with a special need’s child. The husband would not pay for future horseback riding for their child with Down’s Syndrome which had proved to be very helpful for the child in the past. He said they did not have any money. Through five-year-old tax records and pieces of paper that our client had been collecting for month, we discovered two rental homes, a girlfriend, and $200,000 in Certificates of Deposit.

If you think your spouse is stealing or hiding money, collect any kind of information, no matter how old or small, and bring it in for us to look at.

Want to know more about what to do? Please contact Divorce Strategies Group for a complimentary consultation. We’ll talk to you about next steps so you can receive the assets which are rightfully yours!

Ten Financial Pitfalls for Women in Divorce

Ten Financial Pitfalls for Women in Divorce

During divorce, many women are concerned about financial survival—and with good reason. Studies show after divorce, the wife’s standard of living may drop almost 73% while the husbands may increase by as much as 42%.  Many factors combine to lower a women’s standard of living after divorce. Child support may not be adequate to cover the true costs of child rearing, and she might have lost many important years of career growth, making it difficult for her to get back on her feet after divorce.  By familiarizing yourself with the ten financial pitfalls of divorce for women, you can save yourself a lot of heartbreak and hassle in the future.

1. Believing you cannot afford an experienced attorney 

Divorces are expensive.  There is no doubt.  The fees involved for a regular divorce with a qualified attorney are expensive – attorney fees, therapist bills, new living expenses and other advisor fees. Further, the funds previously used to support one household must now stretch to support two. If you are contemplating divorce, now is the time to begin amassing the funds you’ll need to stay afloat.  Think of a divorce as a long term financial cost and plan accordingly before you file or when you first start to believe you spouse may be checking out of the marriage.

If you are not able to save cash for the divorce process, you still have the ability to hire good support for yourself.  You can open a credit card in your name alone, while you are married, and use the marital income to qualify for a card.  That card can be used for divorce related costs and at the end of the divorce, it is placed on the marital inventory as a debt of the marriage.  You have power!! Contact Divorce Strategies Group on this topic and we will walk you through what to do.

2. Bad timing

Divorce is a marathon event which requires careful preparation. Before you act on the divorce, consult with legal and financial professionals, and read about the subject. Also, think about where you are in life. Did you or your spouse just start a business?  Are you or your spouse just about to go back to school for a graduate degree and amass student debt?  Life stages like this may cause you to pause on the divorce or act quickly before major community debt amasses.  If you’ve been married eight years or just hit the nine year mark and your spouse is the major breadwinner, you might want to stick it out a little while longer before you file for divorce.  In order to collect on your ex-spouse’s social security you must be married for at least 10 years from the date of marriage to the actual date of divorce.   Finally, don’t just pack up and drive away in a car  needing major repairs with old clothes on and kids who need braces.  Fix what you need fixed, buy what you want to buy and get your kids situated with what they need before you leave, as much as possible.

3. No records

The three most important words during divorce are: document, document, document. Try to obtain copies of all financial records before your divorce begins. Make a clear copy of all tax returns, loan applications, wills, trusts, financial statements, banking information, brokerage statements, loan documents, credit card statements, deeds to real property, car registration, insurance inventories, and insurance policies. Also, copy records you can use to trace your separate property, such as an inheritance or gifts from your family. The corpus and the capital appreciation of these assets should remain your separate property as long as you can document them. Copies of your spouse’s business records can be a treasure map illustrating where hidden assets, if any, are buried.

4. Overlooking assets

Texas is a community property state. That means every dollar earned during the marriage belongs equally to each spouse. It matters not that the income went into your bank account, a business, a 401k or a second home – those funds belong to each spouse.  Half of everything is yours! Even if you don’t want an asset, it can be used to trade for something you do want. Inventory safe deposit boxes; track down bank and brokerage accounts; keep pay stubs, retirement plans, and insurance policies. Don’t overlook hobbies or side businesses that might have expensive equipment or generate income.

5. Ignoring tax consequences

Tax consequences are one of the most overlooked or forgotten issues in divorce finance. Most financial decisions have tax ramifications.  Should you take the brokerage account or the retirement plan? Should you keep the house or sell it now? Don’t ignore the hidden tax costs of divorce in making these decisions. Your situation may require some calculation by an accountant or divorce financial planner to determine if you are really getting the best deal. And, if there is a chance your past joint tax returns omitted income or overstated deductions, you may want to seek an indemnification clause to protect yourself if the IRS decides to audit.

6. Thinking ignorance is bliss

During divorce ignorance is not bliss, it’s expensive. As painful as it may be, diving in and participating in the process can help you recover more quickly from the divorce because you will have a healthy sense of control over the process, be focused on practical things, and be working with your ex to get things done. Also, taking an active role in the negotiations can help you achieve a better settlement.  You will also likely have less conflict and litigation after the divorce, better compliance from your ex, and better sharing of information about the children. Your attorney will give you valuable legal advice which should weigh heavily into your decision making process, but all of the decisions are ultimately up to you.

7. Mixing money and emotion

This is really tough for women who were hurt during the divorce, however, it is crucial. Try to think of this from an unemotional, business like perspective.  This is likely the largest business transaction you will make in your life – treat it as such.  View your attorney as a paid professional rather than a friend or confidante. When your grief is overwhelming, go to a friend or support group, not to your attorney, who is billing you at his or her normal hourly rate. In addition, revenge is not helpful in long term planning and financial negotiations.  It will not make you happy to declare war on your ex – it will likely just make you broke. Making the effort to bring the divorce to a successful conclusion with as little rancor as possible can help you financially today and in the future.

 8. Not fighting for what’s legitimately yours

Divorce negotiations are not only about survival; they are about molding your long term financial future. It’s important to not let wanting to please others or look like “the good girl” get in the way of taking what is legitimately due you. You have to insist on getting what you legally deserve. Even if you hope you will eventually be able to reconcile with your ex, it is not guaranteed (you are getting divorced after all). Letting him keep all of his 401k because he’s worked so hard could put you in the poor house when you are older while he enjoys a great life.  No matter your feelings, stand up for yourself and get your legal share. If you reconcile, that’s fine. If you don’t, you’ll still be able to take care of yourself financially.  Taking what is rightfully yours (50% at least) is not being greedy, it is protecting your future and honoring your own value as a human being. No matter what your spouse says, you are worth it!

9. Taking the payment overtime versus the lump sum

Receiving a guaranteed, monthly, court ordered income sounds great doesn’t it? Yes, but what if your spouse loses his job? Becomes disabled? Quits his job and moves overseas to work? What if he just stops paying? What if his industry goes through 2 years of consolidation and he is laid off time and time again? What if he starts his own business?  We feel like getting a lump sum is much better than a series of payments – court ordered or not. If he stops paying the court ordered support, guess what you have to do to get him to pay it again? Yes, go back to court.  At some point, those court costs can be more than what you would get from him in the first place.  Take the up-front money instead of the income when given a choice.  You can create your own income stream for that lump sum payment or use it for other financial needs in the future.

10. Not getting good professional advice

Right now, you need all the help you can get! Divorce can be very complicated, so don’t try to do it all yourself. Hire an attorney who can give you excellent advice—even if he or she is expensive. Engage a divorce financial advisor to help you make wise financial decisions and create a roadmap for your future. Find a good therapist to help you emotionally. Don’t skimp now on matters which will affect the rest of your life.

Schedule a 30 minute complimentary consultation today to discuss your specific situation or call us at 281-505-8177 to discuss your concerns.

YOU DON’T GET A DO OVER IN DIVORCE

YOU DON’T GET A DO OVER IN DIVORCE

One of the biggest reality checks for those in divorce is you do not get “do-overs”. Once the estate has been divided, it is divided. Once decisions with minor children have been made, they are made. Sure, you can always spend thousands of dollars to go back to court if you decide you do not like the children’s agreements or want to modify spousal support which was put in place, but that’s just it – you’ll spend thousands of dollars. So now is the time to make sure you are really in the best place you can possibly be for your future.

When you come to terms with this thought, it will hopefully help you see the importance of making the best, most informed decisions you possibly can right now. How many times in life have you longed for a do-over? Don’t make this process something you wish you could have done over. In order to make informed decisions it is important to do all you can to think logically right now.

REACTING EMOTIONALLY

This is one of the BIGGEST MISTAKES made in the divorce process. I know for me; I was completely overwhelmed and exhausted emotionally with the process. I did not know what I was doing, and I felt as though I was going through this in a fog – I just was not myself. I was so stuck in worrying about the future I was not able to take small steps each day to ensure I was on track with the things I had control over.

What this creates is a state of high arousal in the right side of the brain which controls the “fight, flight or freeze” response. We have all heard of this because it’s the basic, instinctual part of the brain protecting us from imminent danger. When we are living in this state of constant arousal, it’s nearly impossible to use the left side of the brain which is our reasoning/decision making part of the brain. We are simply reacting to the events and stimulus without being able to process what is important, so we get angry, afraid, confused and overwhelmed.

What would it be like if you could get help with the emotional part that’s paralyzing you right now? Imagine being able to see the options you might have and the possibilities you never even thought about!

TRY THIS TODAY

Take small steps each day – just one action step to help you feel in control of your divorce process – maybe make a to-do list and check off one small item every day. This can put you back in the left side of the brain where you can begin to think reasonably and clearly.

GET PROFESSIONAL SUPPORT!!

The divorce process requires us to make monumental financial and relational decisions which will impact, realistically, the rest of our lives. It is a wise decision to have professionals help you during this process who are on your side. This help could involve a therapist, divorce coach or group support like Wise Woman’s Guide to Divorce or Divorce Care.

Another area where an advocate can help is with your financials – specifically a Certified Divorce Financial Analyst. If you are younger, the decisions you make today could impact the childhood your children experience including the resources you have to raise them. If you are older, your divorce is a financial negotiation for your retirement years. It is critical to get help with your finances no matter what your situation. That is why we offer complimentary consultations online or the phone for those in divorce to discuss your financial concerns. Contact us today to schedule your time to talk about your concerns and discuss what small steps you can take for financial and emotional peace of mind.