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Divorce Strategies Group

Divorce Strategies Group

Denise French

  • Divorce Mediation
  • Financial Consultant
  • Support Groups
    • Divorce Support Groups For Women
    • Divorce Support Groups For Men
  • Post-Divorce Transition
  • Work With Us
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    • Schedule An Appointment
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  • About Us
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mediation

Dividing Annuity Assets in Divorce

September 29, 2020 By Denise French, CVA, MAFF, CDFA, CRPC

Dividing community property, or property jointly owned by a married couple, can often be a complicated process, with your financial options dictated by potential tax implications. While some things may be easy to divide, others are not. Some belongings are sentimental, while others — such as annuities — involve complicated financial calculations. Annuities not only involve moving ownership from one person to the other or joint title to single title, they often also involve moving or potentially deleting critical living benefits, guarantees and/or death benefits as well as surrender penalties on top of potential tax liabilities. That is a lot! Annuities in divorce are complex to say the least. We will attempt to unravel the complexities of annuities as they relate to divorce or at least guide you on what questions to ask.

Annuity Phase

While there are multiple types of annuities (fixed, fixed index, variable, immediate and deferred) all types of annuities are typically in either the accumulation phase or the distribution phase. The different phases will determine how value and divide the annuity in a divorce situation.

Accumulation Phase

If an annuity is in the accumulation phase, it is growing. The annuity may be growing by a simple fixed rate – aka a fixed annuity or by a variety of factors in the fixed index or variable space. The key take-away is there is only growth in this phase. Income has not yet started. This is a critical factor in divorce negotiations. In the accumulation phase the annuity can have three main parts – the actual cash value, the guaranteed benefit amount and the death benefit.

Cash Value

This is the actual cash value. This is real money and should be the value on the marital inventory. This value may have a surrender charge affiliated with it which should also be reflected on the marital inventory. If you do not see a surrender charge on the statement, it is wise to call the carrier and confirm no surrender fee exists. Also, if the contract is still under surrender charge penalties, ask the carrier if they will waive the surrender charge in the case of a divorce where the account is divided between the spouses. We have found quite often they do not waive any fees even though the division is pursuant to a divorce.

Guaranteed Value or Living Benefit Amount

In the accumulation phase, this is the living benefit amount. Many contracts offer a certain amount of guaranteed growth for future income. For example, some annuities may guarantee 7% growth, compounded annually with possibly even a high-water mark (meaning the annuity will capture the highest day of market gains in the annuity contract that year plus add the 7% guaranteed growth on top of this value). Sound too good to be true? What is the catch? This amount is not real money – it cannot be withdrawal in a lump sum. It is the value for which a future income stream is derived. In our same example, let’s say the contract grows by 7% guaranteed compounded annually, and when the client is age 65 a 5% income stream can be taken, guaranteed for life off the 7% compounded number. (In some cases, the income stream will also double for long term care needs for a certain amount of time.) In divorce, the guaranteed amount is often erased if the annuity is divided. This can cost the overall estate hundreds of thousands of dollars.

Know if there is a living benefit and if so, what happens if the annuity is divided between the spouses? The living benefit number is often quite higher than the actual account value, but this is not the number to be listed on the marital inventory. It is a phantom number used to derive a set amount of income at a future date. However, because there is an account value it is the actual cash value which is listed on the estate spreadsheet. The annuities are designed to deplete the cash value over time when the income begins if you live long enough, so this number is not listed on the inventory when the annuity is still in the accumulation phase.

Death Benefit

Sometimes annuities have stand alone death benefits or death benefits attached to the living benefits. This means a certain amount is guaranteed at the death of the annuitant. In some cases, the death benefit is the reason an annuity is sold as life insurance was not an option or was too expensive. It is important to know if an enhanced death benefit exists and if so, know this and other relevant facts. Who is the annuitant? What is the death benefit exactly? What happens in the case of divorce if the contract is divided or moved to the non-annuitant spouse? Now that the couples are divorcing, is the death benefit still relevant or should other options be considered? The death benefit should be on the latest annuity contract statement. However, it is not listed as an asset on the marital inventory as it will only be pain in the event of the annuitant’s death.

Income Phase

If an annuity is in the income phase, it is in distribution. The distribution may be a systematic withdrawal stream on a guaranteed basis, a systematic withdrawal on a non-guaranteed basis or annuitized. This set of facts is vital to know in the case of a divorce.

Systematic Withdrawal – Guaranteed Basis

This should be the most common situation with an annuity. The income from the living benefit has been triggered. In the example above, the 5% income stream at age 65 has begun off the 7% compounded annual growth the annuity provided. If this is the case, the annuity may not be divisible without significantly hurting the amount of income the annuity provides on a guaranteed basis. Contact the carrier to determine how, if at all, the annuity can be divided, and the income stream kept intact. The income stream however may be divisible. The division of this works much like a pension on the estate spreadsheet where a net present value of the future income stream is calculated, and this is the number on the marital inventory.

You can also forego a net present value calculation of the income on the marital inventory and split the income 50/50. We recommend contacting the annuity carrier to determine if division can occur at the carrier level so there is little, if any, interaction between the parties. You will also want to ask the annuity carrier what happens if the annuitant dies. The wife may not receive any payout if the annuity is based only on the husband’s life and he dies or vice versa. Some payouts are based on joint life and some are on single life which were determined at the income stream’s inception. It is vital to understand what happens in the event of one spouse’s death.

Systematic Withdrawal – Nonguaranteed Basis

If this is the case, you can likely divide this annuity. It may not be attached to a living benefit guarantee. This is the least likely to exists and rarely seen, but it is a possibility. It is important to call the carrier and determine your options if this set of facts exists with your annuity. The issue will be mainly surrender charge penalties when this annuity is divided if it is still in the penalty period. We would also ask if there are any issues with the annuitant – is it joint annuitant or single annuitant and will this be possible if you change to the spouse who wants the asset or if you divide the contract in half.

Annuitized

If this is the case, the annuity cash value no longer exists – it is only an income stream. Older contracts typically have this. Most newer contracts do not require annuitization because the contract corpus is gone – it belongs to the annuity company. The valuation of this is now just like the valuation of a pension plan. The carrier may have the income based on joint life or single life. They may divide the income in half but when one spouse dies, the income stream may cease for all. The carrier must be contacted to determine what happens at the death of the owner and/or the death of the annuitant. These facts are important to know as they relate to the income stream after one spouse dies. If you do not want to divide the income, one can calculate a Net Present Value of the future income stream as one would a pension and this number should be indicated on the marital inventory as an asset to be offset with other assets.

Owners and Annuitants

Aside from the issues we stated above in valuing and dividing annuities in the accumulation and the income phases, the named owner and named annuitant could alter the course of the annuity division. It is vital to know who the owner is and who the annuitant is (they may not be the same). These set of facts may determine what happens to the contract when this is divided to the non-owner and/or non-annuitant. Some contracts are jointly owned the with joint annuitants or jointly owned with single annuitants – and each carrier can handle dividing these differently. A simple call to the carrier and a discussion with a member of client services advanced team should straighten out these issues, we just want you to know what to ask for.

Summary

We highly encourage you to reach out to a professional who not only understands annuities, but also understands divorce laws in your area. A Certified Divorce Financial Analyst is the perfect person to have on your team if you or your spouse own an annuity and you are walking through a divorce. We at Divorce Strategies Group understand annuities and divorce finance and can help as well. Contact us for your 30-minute free consultation today.

Filed Under: Dividing Property, Divorce Finance Tagged With: #divorce recovery group, #divorcemediation, #divorcesupport, alimony, co-parenting, custodial parent, divorce attorney, divorce lawyer, divorce mediation, divorce with children, mediation

What does Divorce Mediation Involve?

September 15, 2020 By Denise French, CVA, MAFF, CDFA, CRPC

In Texas, divorce mediation is a confidential process where a neutral third person (the mediator) helps divorcing couples reach a divorce settlement. The mediator facilitates communication between the parties to promote settlement and understanding between them. Mediation addresses child custody, child support, visitation, spousal support, and property division. The mediator does not act as a judge, attorney, or financial advisor, but assists the spouses in reaching a voluntary agreement.

Denise French founded Divorce Strategies Group, LLC in 2014 and since that time we have continuously guided clients through the divorce and mediation process. We believe mediation is an excellent tool for divorcing couples, especially when there are contentious issues. Our goal is to help you reach a satisfactory agreement with your spouse, without having to endure a lengthy, costly trial.  Save time! Save money! Get on with your life.

How does Mediation work in a Texas Divorce?

The goal of mediation is to work through all the issues of your estate and the issues with minor children. An attempt at mediation is strongly recommended and often even required in many Texas counties.  In mediation, you will most likely be in separate rooms while your mediator(s) walk in between the rooms.  Sometimes, the parties will be in the same room, if they wish to be and it is productive.  Without minor children, expect to mediate for a half day. When minor children’s issues are involved, expect to spend an entire day in mediation.  At the end of mediation if agreements have been reached a binding, legal document called a Mediated Settlement Agreement or MSA will be signed by everyone.  This document is irrevocable and binds your agreements legally.  The fight is, in essence, over at this point which typically brings much peace and relief.  The MSA is also a tool used to push your agreements through the court system as a judge cannot typically overturn a property drafted MSA.

After the MSA is completed a divorce decree will be drafted by an attorney which reflects the agreements you made in mediation. The divorce decree (which you will review and also need to sign) along with the MSA are presented to the judge in court (or remotely due to COVID-19) and used to finalize your divorce.    The mediation document is usually 6 – 10 pages long while your actual divorce decree is 30 – 50 pages long.

Why Should I Use Mediation to Settle our Divorce Conflict?

  • Mediation is flexible – While we have a process, we acknowledge every family and every divorce is different.
  • Mediation is future oriented – We are going to focus on where you are headed, not where you have been. Everyone in divorce has some type of pain or fear. We understand and we are happy to listen and help you heal. However, in mediation we will focus on the future.
  • Mediation works – Mediation has a high success rate, especially when both spouses are open to compromise.
  • Your information is protected – Mediation is confidential.
  • You and your spouse are in control of the outcome – Your future in not the hands of a judge hearing only a tiny fraction of your life story.

What sets our firm apart?

The founder of Divorce Strategies Group, LLC, Denise French, has been divorced herself and understands what you are going through!  Her divorce was costly and long.  Sadly, it was also damaging to her family, her finances and her children.  She strives to help litigants avoid the heartache her family endured.  This is personal for her.  Denise is not a lawyer.  She is a financial expert in litigation and fully understands divorce finance in Texas.

Denise works alongside several family law attorney mediators.  These mediators, along with Denise, will walk you through every aspect of your child issues and your financial issues to help you achieve a win-win solution for your family.  Our partner attorney mediators are Denise Khoury of Guajardo, Khoury Family Law and Manny Caiati of Caiati Law & Mediation.

Denise is a Credentialed Advanced Mediator through the Texas Mediator Credentialing Association with hundreds of cases both as a mediator and as a financial expert in mediation.

The decisions you make in mediation will have lasting, lifelong ramifications for your children and/or your lifestyle and financial wellbeing. We have a proven, 7 step process which involves the help of a financial expert and a family lawyer – both of whom are also mediators. Together, this is a place where you can work through all the child custody issues as well as the financial issues without the fight in court and with proper guidance.

Contact Divorce Strategies Group today!

Before you contact a divorce lawyer, call us.  Need more information about divorce and mediation? We invite you to contact our office for a complimentary consultation. We are here to help you in every way possible!

Filed Under: Alternative Dispute Resolutions Tagged With: #divorce recovery group, #divorcemediation, #divorcesupport, alimony, co-parenting, custodial parent, divorce attorney, divorce lawyer, divorce mediation, divorce with children, mediation

Good Things Can Come From Divorce

August 10, 2020 By Denise French, CVA, MAFF, CDFA, CRPC Leave a Comment

Let’s face it. Change is tough for many people and divorce changes just about every facet of your life.  Divorce can often test one’s ability to handle change to an extreme.   Some people struggle more than others with change. They fight it, avoid it, fear it, and sometimes feel guilty about it. These notions would make anyone want to keep things as normalized as possible. One would think only adrenaline junkies and dysfunctional people would want to disrupt what could be a perfectly normal situation.   However, change can be very positive and powerful, especially if you have been in an unhappy or abusive marriage.   Here are five truths in my life I’ve experienced with change.  Hopefully this will help readers cope with their own life changes.

1. Change is inevitable

While divorce may not be inevitable, relationships will evolve. Whether you cling to what you have or long for something more, change is unavoidable. Nothing can or will stay the same. You have power when it comes to change. Your actions or reactions to change will determine how positive or negative the change is. Get comfortable with the notion of change as part of the evolution of life and stop resisting.

My divorce meant not only losing a spouse, but losing his entire family, the life I had envisioned and dreams I had of being a stay at home mom.  Oddly, I have a relationship with my ex-spouses family today.  It’s different than it was, but it’s good.  I also had the chance to be a “stay at home” mom for a year, and I found I really didn’t like it.   I love to work and I’m a better mom because of it.  I own two businesses today which I never would have had the chance to own if I had stayed in my marriage – he would not have given me the freedom to explore these opportunities.  What was the absolutely worst thing in 2007 is a gift today.

2. Change helps your brain stay healthy

Science suggest our brains need new and varied problems to work on. When our minds aren’t working out problems, solving mysteries, or figuring things out we can become weak. Change is one of the best ways to keep our brains healthy. This means our lifespan will be healthier, and our mind will not be as susceptible to diseases like dementia. It’s good for your brain to embrace the change in your life as a puzzle you can solve.

I certainly fought the divorce in the beginning, and I went through the stages of grief for at least a year if not longer.  No doubt, there was a grieving process to walk through.  However, my divorce also brought about new changes which were fun and unexpected, like meeting new friends and having a fun, loving social environment.  I was also able to thrive with my career after the divorce which meant learning a lot of new things and experiencing new challenges.  When I was no longer subject to emotional abuse I was able to really thrive and grow.

3. Change creates maturity

Sometimes change comes with a price tag. Sometimes change comes with a penalty. Sometimes change requires risk, and sometimes change is forced on us. No matter how change occurs, it causes us to grow. From learning we are tougher than we realized and having to do some difficult things – change creates maturity.

When my divorce was over I made a list of gifts.  To my suprise, I had three pages of small, single spaced gifts.  Many of them had to do with personal strength and fortitude.  I’m so much stronger today.  While I certainly would not have chosen this path voluntarily, I’m so grateful today for it.

4. Change teaches you to overcome fear and anxiety

Whether stepping out towards change in doubt or being pushed into the unknown without your consent, change can be scary. The devil we know is easier to manage than the one we don’t. Once the fears are faced, they are often scarier in theory than reality. Change teaches you to overcome fear and anxiety as you learn new coping skills or how to talk yourself through fear.

I was a single mom of a 2 year old child when my divorce was final – that is big change.  It was scary.  Looking back I’m convinced there is no stronger force than a parent protecting their child.  Being a single mom of a young child drove me to bigger and better things with my career.  It also lead me to be a better mom and person.   I no longer fear financial insecurity (for the most part).  I no longer fear being alone. I no longer fear many things – all because of what I went through.

5. Change gives you choices

Once the spirit of change is validated and embraced, change can become part of your normal routine.  If you choose something and don’t like it, that isn’t the end of the line. Change things again! From changing your coffee order to the brand of cereal your family eats this week, change can be fun. From picking a new wall color to a new genre of book to read, change can be exciting. From changing where you volunteer your time or which organization you donate to, change can matter to more people.

When my divorce was final I made big changes to my house – I repainted rooms, moved furniture around, rearranged the cabinets and made changes to the yard.  These small changes made a big difference.  Small things like which cabinet your plates are in can help facilitate change in your head and heart which can give you courage for more change.    In my first marriage I really wanted multiple children.  As a child I was much younger than my siblings and as a result raised as an only child.  I did not like it.  I decided very young I would have no children or multiple children – but not an only child!  Even though my first husband and I had decided on two or three children when we married, after our first (and only) child was born he decided he didn’t want any more.   Well, guess what.  When I remarried it was to someone with three young children, and now we have five!! Talk about an evolution of change.  It is a beautiful blended crazy mess which this extrovert absolutely loves.

There are many truths about change – some scary and some not so much. Embrace the concept of change, and it will lead to enjoying the realities of change.   We at Divorce Strategies Group are here to help you navigate changes from married to single.  Schedule a strategy session or call us at 281-210-0057 to schedule your first mediation session today.  No matter what your situation we strive to help our clients walk through divorce with confidence, strength and courage!

Filed Under: Divorce Support, Family & Children Tagged With: #divorce recovery group, #divorcesupport, alimony, attorney, co-parenting, divorce attorney, divorce mediation, divorce with children, family law, mediation, mediation in texas

Health Insurance & Divorce

July 19, 2020 By Denise French, CVA, MAFF, CDFA, CRPC Leave a Comment

The issue of health insurance is critical in many divorces we see in our office. It is a key issue in any divorce when at least one party is under age 65 and without means to obtain their own health insurance. It can also be a significant issue with children who have graduated from high school but have not yet entered the work world to obtain their own health insurance. Thus, there are two areas where decisions should be made regarding health insurance and divorce: your child’s coverage and your coverage. Here’s a high-level overview of what to know and how to plan for coverage post-divorce.

health insurance and divorce

Health Insurance, Divorce, and Children

When do you, the parent, stop being financially responsible for your child? Some parents believe it’s never; others believe it’s when your child turns 18 and some believe when the child graduates from college. People who are married disagree on this, so certainly people who are divorced will, too!

In a Texas divorce, minor children will be identified and the parent providing health, dental and vision insurance for the minor children will also be identified. In a typical Texas divorce, child support and court ordered health insurance coverage ends when the child turns 18 or graduates from high school, whichever occurs later.

Currently, from a insurance company perspective a child can be covered by a parent’s insurance until they are age 26. After child support obligations are complete (again, either at age 18 or upon high school graduation), the parent can remove their child from health insurance. Even though the insurance company will keep your children on your ex-spouse’s insurance plan, health coverage after high school graduation or age 18 may not fall under a family courts jurisdiction. An ongoing parenting plan and/or a contractual agreement in this situation may benefit everyone. We encourage all parties to discuss how they will handle health insurance for young adult children through college and even up to age 26 during the divorce process. You’ll want to make these decisions while your attorney is present in the divorce process so you can understand what is legal and what is at least contractually enforceable.

health insurance and divorce

Health Insurance, Divorce, and You

With an adult, it’s much simpler. A divorcing party must keep their spouse on their health insurance until the divorce is final – and then after finalization the ex-spouse must be removed from the policy. As an ex-spouse you cannot stay on your former spouses policy. However, you do have other options.

One option is to ask your attorney about extending the finalization of your actual divorce to extend your health benefits legally. For example, we have had spouses finalize the details of their estate division with a signed Mediated Settlement Agreement (MSA) which finalizes the DETAILS of the divorce, but doesn’t officially make you divorced. You can divide bank accounts and brokerage accounts and make agreements on how you will divide retirement accounts after the divorce with an MSA. This gives you the peace of mind in knowing who gets what (the fight is over) but at least a little more time to keep your health benefits at a lower cost. This option will have a limited time period, but it can give you a few more months while you find a job with benefits or find another source of health care.

Another option is to keep your current coverage via COBRA. When going through a divorce, you can receive coverage with COBRA for 36 months. The time period for COBRA is extended to the 36 month marker because of divorce versus the traditional 18 months when you leave a company. Your soon-to-be-ex should contact the HR department for a summary of COBRA options and costs prior to divorce. You ONLY have 30 days from the date of divorce to elect COBRA.

Since you would qualify as a “change of status,” you could also shop the Marketplace outside of open enrollment windows. If you’re looking for lower-cost options, you could consider health share programs such as Christian Health Ministries. Finally, insurance brokers are wonderful resources to seek when looking for individual health coverage on the open market.

Next Steps

To wrap everything up, health insurance affects you and your children after a divorce and needs to be carefully considered. Take advantage of mediation so you and your soon-to-be ex-spouse can talk calmly about your children’s health insurance plans both after the divorce while child support is available and how you wish to continue their coverage into early adulthood. In addition, have a plan in place for yourself so you know your options post-decree and you aren’t caught without health insurance coverage.

If you need resources to help you with your financial needs or health coverage schedule a 30 minute complimentary consultation today with Denise French at Divorce Strategies Group.

Filed Under: Divorce Finance Tagged With: #divoece, #divorcemediation, #health insurance, mediation

Why Second Marriages Fail

June 22, 2020 By Denise French, CVA, MAFF, CDFA, CRPC Leave a Comment

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Is this your first marriage? Or your second marriage? Maybe your third marriage? Studies show the rate of divorce for first marriages has dropped to 40%. But the alarming statistic is the rate of failure for second marriages is 67% and for third marriages, it’s a whopping 74%!

What Most People Do

About 70% of people who walk through divorce will wind up remarrying once again at some point in their life. If cohabiting couples are included in this figure, the statistics show over 80% of people take the chances on another relationship. About 29% of all marriages in the United States involve at least one person who has been married at least one time before. Men generally remarry faster than women do after a divorce. Caucasians are more likely to remarry faster than any other racial demographic in both genders. The median amount of time that it takes someone to get married after a divorce is 3.7 years, which has been fairly stable since 1950.

Sadly, the average length of time for second marriages ending in divorce will typically just under eight years.  Why do you think this is happening? Wouldn’t you think we would’ve learned from our mistakes? Wouldn’t you think we would be smarter, older, more mature and should know better and know what we want in a new partner?

Schedule a Call

What We Are All Looking For

Feeling lonely or afraid of being on your own is terrifying and can lead to jumping into a new relationship. Rebound relationships are quite common. Having someone adorn you with attention and praise can be intoxicating – especially if you were the one who was left. We’re just human beings and it’s natural to want to feel loved and desired.   So here are what the experts say are the 3 biggest reasons why second marriages fail at such a high rate:

divorce and your 401k

Money

Money is a big issue for many couples, but it’s even more troublesome in second marriages due to child support or alimony payments. When there are children involved, it gets even more complicated financially. I’ve seen many clients who are resentful about how much money is going out to their new husband’s children. It can become a real challenge if it is not discussed openly and honestly.

We highly suggest having a conversation with a Certified Divorce Financial Analyst or CDFA. This person is a financial planner with a focus on divorce financial planning.  This professional will likely understand how divorce in your area works and understand advanced financial planning concepts. They can help you find common ground in your new marriage and work through financial issues long before they lead to divorce.

parenting children after divorce

Children

Many couples stay together “for the children.” Where natural children might keep a marriage together, step-children can be a divisive factor in second marriages. Many parents deal with the frustration of having step-kids. The biggest issue here is partners not supporting each other when it comes to dealing with each other’s natural children.  This can be extremely difficult and frustrating – especially when two families blend together.

A good therapist or parent facilitator can be invaluable. We suggest finding one in your area to help create a parenting plan for the blended family and to help walk through kinks and issues as they arise.

Exes

This really depends on the circumstances of the divorce. Typically, the person who was left, especially because of an affair, may be resentful and angry. They may be terribly unhappy that their ex is so quickly in a new relationship or remarried. They may even try to sabotage things to create emotional or financial tension for the new partners.  Again, a good therapist is invaluable in this situation.  Whether you are the ex struggling with your former spouse finding ‘love’ so soon or you are the one feeling sabotaged, having an unbiased third party trained in these issues helping you is critical.

enjoying life

Hope

If you’re struggling with a divorce – whether it’s your first, second or third marriage, let us help you work through this so that you can feel confident moving forward into the next chapter of your life.  We also work with many therapists in the area and can help you find the right one for you.  Contact our Divorce Strategies Group today to help you find your new you.

Resources:

https://www.michaelagardner.net/blog/2018/10/09/divorce-statistics-in-the-united-193973, https://brandongaille.com/52-fascinating-divorce-and-remarriage-statistics/

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Filed Under: Family & Children Tagged With: #loveafterdivorce, #remarriage, mediation

Oh No… the Holidays are Here

November 25, 2019 By Denise French, CVA, MAFF, CDFA, CRPC Leave a Comment

In the month of November thus far, we have had no less than 15 new consultation meetings with clients who know their marriage is over and are wondering when to start the divorce process. Many of them decided to wait until after the holidays for the children or so that their extended families would have one last holiday together. Mix that with the number of couples we are currently working with who are in the divorce process and the multitude of couples we helped walk through divorce and are finalized so far this year. In our little universe that is a lot of people dealing with sadness this holiday season, I can only imagine the numbers outside our little bubble. Add that pain to the stress and strain of trying to maintain the status quo and all the extra pressures of the holidays – that is tough! Although there are no magical solutions to cure the holiday blues, here are 10 things you can do to make it easier to cope. I used many of these tools during my own divorce which extended through a holiday season and the first year after the divorce.

1. PLAN AHEAD

Plan to do something that is fun, relaxing, and as stress-free as possible with people you really care about. When I was in the midst of my divorce I planned a Christmas trip to my brothers’ house in northern Vermont. That was literally the best holiday I had experienced in years. It was magical. I was away from my home and the stress of the divorce. I had my child that year for Christmas and was surrounded by people who loved me. I had to plan that with my family and my attorney prior to December 25. Even if you don’t have your child this year, plan to be with family or friends whom you love.

Coping with the Holidays

2. DO SOMETHING TOTALLY DIFFERENT

If the holidays are just too painful and the reminders are everywhere, consider a vacation that allows you to “escape ” the painful triggers. If you have never been on a cruise for Christmas or been to the Bahamas – this may be the year. I had a friend who starting going to the Grand Canyon each year for Thanksgiving and then Vegas each year for Christmas (the family-friendly part of Vegas and they were out by New Years). If travel is not an option, volunteer someplace for people who have nothing. That will not only help you forget your situation for a while, but you’ll also feel good about the help you are giving to others. We have made dollar store Christmas stockings before and handed them out to the homeless. Anything to help others will help you!

3. CREATE NEW RITUALS AND FAMILY TRADITIONS

While you may want to hold on to some of the past traditions, it’s a good idea to create some new rituals with friends and family. We started going to see different “wonderlands” with holiday lights and we took a second trip back to my brothers’ house in Vermont. We also started going to a new church and celebrating with their traditions. We adopt a child through the church each year and shop for them. We still go look at holiday lights but we added a Starbucks stop for hot cocoa along for the tradition. We created new Thanksgiving traditions by blowing off the traditional food options and eating Chinese every year with friends. You could even do something around each family member’s favorite foods and let the kids help cook.

Coping with the Holidays

4. REASSURE KIDS THAT HOLIDAY CELEBRATIONS WILL CONTINUE, BUT IN A DIFFERENT WAY

Children can help create some of the new holiday rituals and traditions. Take time to brainstorm with your children about new ideas for celebrating. I googled holiday traditions and tried out several with my daughter and we found a few we both enjoyed. Invite them to be a part of the new experience and let them find new traditions. Try different things – just stay positive in front of them.

5. ASK IF YOU ARE ACTING “IN THE BEST INTEREST OF THE CHILD”

Decide ahead of time how holidays will be divided. Talk to your attorney about this if you are in the midst of the divorce. This is one area where you want to speak to your attorney as soon as possible and solidify plans for pick up/drop off and days and times you have with minor children so there are no surprises. The structure of knowing when I had my child the year we were separated provided me a lot of comfort and the ability to plan. Your attorney will know how to make that happen, just talk to him or her as soon as possible. I think it also helps to reassure kids that you will be OK while they are with the other parent.

Coping with the Holidays

6. ASK FOR HELP FROM SUPPORTIVE FAMILY AND FRIENDS

Rely on a healthy support system if you are feeling isolated, lonely or depressed. Tell your support people what you need from them (companionship, understanding, compassion, listening, etc.) My family was so helpful during this time and my friends were even more so. I could not have survived that first year of “firsts” without them. I also love Divorce Care. This group of understanding, compassion people helped me tremendously during my divorce and after.

7. BE REALISTIC

“Picture perfect” holidays are usually just an illusion. Have realistic expectations about the holiday season, especially the first year. Hallmark movies may not be the best viewing options either!

Coping with the Holidays

8. TAKE CARE OF YOURSELF

Get the proper amount of sleep and exercise and eat healthy in order to maximize your ability to cope. It’s easy to overeat or party too much to medicate your pain, but in the long run, it creates more problems. Walking daily if you are not already working out can also do wonders for you.

9. SCHEDULE TIME FOR REST, RELAXATION AND NURTURING

Give yourself a break. You deserve it! A bubble bath, a long-overdue facial, a hair cut – anything to pamper yourself and nurture yourself. We have a client who recently took a woman’s only weekend spiritual retreat and it was life-changing for her. If that’s not possible, at least a good pedicure where you are not rushed and can enjoy the “me time” and the pampering. For guys, a guilt-free afternoon of golf with your best buds or a long overdue fishing trip.

10. ONE DAY AT A TIME – ONE HOLIDAY AT A TIME

It will get easier. It will get better. It will hurt less. Right now, just concentrate on one thing at a time and the next right action. Just one foot in front of the other, one step at a time.

If you are feeling overwhelmed, anxious, depressed, or stuck, GET PROFESSIONAL HELP. Therapy can provide a safe, supportive environment in which you can gain insight, learn problem-solving skills and find solutions to dealing with the anger and pain of separation and divorce. If you need help finding a therapist that works well for you, contact us for a referral at www.divorcestrategiesgroup.com or 281-210-0057.

Filed Under: Divorce Support, Family & Children Tagged With: attorney, custody, divorce in holidays, divorce mediation, family law attorney, mediation, visitation

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