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Evaluate the Nature of Your Divorce Settlement

All women considering divorce should remember a number of key points. First, a settlement that appears equal but is not particularly liquid may make for hard times in the future. For example, if a wife receives the house when marital property is distributed—an illiquid asset—and her husband receives investments—which are generally more liquid—she may have a hard time keeping the house. Maintaining a house requires cash flow, which can present a significant challenge for many former wives.

Consider the Tax Consequences of Your Settlement

Secondly, it is important for women to remember that tax consequences can greatly affect the value of a settlement. For example, the rules on retirement accounts can be complicated. When a large portion of the settlement is in retirement assets, the recipient should have knowledge about the potential tax ramifications and penalties. A Qualified Domestic Relations Order (QDRO) can be used to transfer money to a former spouse without penalty, which is something you should discuss with your lawyer.

Remember that Your Debts Will Also Be Divided

Additionally, women should remember that, when they file for divorce, they will divide more than just their assets – they may also divide their debts. Creditors don’t care about the terms and conditions of a separation agreement. They want their money, and they will not hesitate to go after both spouses to get it. For this reason, it would be wise for spouses to negotiate these details in a divorce settlement between themselves.

Protect Your Financial Security with a Life Insurance Policy

Finally, a woman would be well-advised to include a provision in her divorce settlement detailing the need for her former spouse to carry life insurance. This can help safeguard her own financial security, as well as that of her children, in the event that her former spouse dies an untimely death. Life insurance can be used to insure the payment of child support, alimony, and property settlements.


Contact our team at Lois M. Brenner, Esq. (646) 663-4546 for more information.


 

    “Smart, tough, responsive Attorney !”
    When my daughter was sideswiped and served with a summons by her husband we called Lois Brenner. I had met Lois when she was giving a seminar on Marriage and Finances. I thought she was really smart. I never dreamt I would be calling her to help my daughter. When we went to see her she put our minds at ease. We immediately knew she was the attorney for us. She managed to negotiate a really good settlement with my son-in-law’s attorney. She was tough and always returned our phone calls and responded immediately to our emails. We even heard from her on weekends!! She was determined to keep us out of court and guided us every step of the way. She was our Angel!!! Mary B.
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    Everything you said about mediation was true. My husband and I really connected in a positive way working out the details of our divorce in mediation with you. The arguing was endless but we finally heard each other. You have a lot of patience. The property discussions made everything so emotional. You kept us focused and stopped us from rehashing the past. We tell everyone about you. Hopefully none of our friends will divorce but if they do we will tell them they need you.
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    My divorce was very stressful time. Since we were able to agree with my ex-husband on many important issues I originally thought that I will be able to fill in all the necessary documents by myself. It turned out that it is nearly impossible task. The amount of paperwork was overwhelming! I was not happy with some lawyers I've approached - too expensive, too impersonal, too aggressive. When I met Lois everything changed. For very reasonable price she was able to help us - talked to both of us, gave us great suggestions. Everything went extremely well. It was quick and painless. We could not thank her enough!
    “Inventive Attorney”
    We have Lois Brenner to thank for turning our marriage around. We hired Lois as our mediator when we were considering divorce. When we started working with her and she realized we wanted to try to keep our marriage together she suggested a postnuptial agreement to get our marriage back on track. Having the postnuptial agreement made us both accountable when it came to our issues. Having this doc in place is clearly helping us redefine our marriage in a better way. I don’t know if we will never get divorced, but for now we are respecting each others’ boundaries and are aware of the consequences if we don’t! It was really cool that Ms. Brenner suggested this method as an option. Most divorce attorneys would not have suggested a way for us to try to stay together. She is very talented and unusual in the best possible way. If we choose to take the divorce path eventually we will definitely hire her again. In the meantime we are making it work. She is amazing.
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    I utilized Lois's services for divorce. She was most helpful in all aspects. First, she explored reconciliation, which was the right thing to do. Absence of that, her suggestion of what to negotiate for, how to do it without unnecessary anger & hostility to the ex & how to expedite the process was invaluable. Timewise she was excellent & sympathetic to what I was going through. She was always available & her fees were very reasonable. I would strongly recommend her as a divorce /representative attorney.

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