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Questions tagged [divorce]

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2
votes
2answers
141 views

Does “community property” apply to day-to-day finances or only during a divorce?

What is the scope of the "community property" concept? Does it have any practical meaning in the scope of day-to-day finances for a married couple or does it apply to their finances only if divorcing?...
0
votes
1answer
100 views

Ex spouse transfers 60k via joint to foreign account

does anybody understand why my ex spouse has transferred a significant sum from his private US account to our still existing joint account (including the fee for transfer) and from the joint to an ...
3
votes
2answers
97 views

Withdraw IRA Funds after Divorce

So I know that in most cases, withdrawing cash from a retirement fund is never a good idea. However in my case, my ex husband left me with a decent divorce settlement but over 25K in credit card debt. ...
2
votes
1answer
81 views

How much can we put into flexible spending account

My wife and I are going through a divorce, which will not be finalized before the end of 2018. We have three kids together and will be splitting custody. Both of us are trying to enroll in benefits ...
7
votes
3answers
311 views

How is a Roth 401(k) split during a divorce, and can a spouse's share be liquidated?

I am in the midst of negotiating a divorce where my spouse would prefer, whenever possible, to get cash instead of a retirement account. I have found many sources online (e.g., this one) stating that ...
2
votes
1answer
101 views

Alimony deduction related to Tax Cuts and Jobs Act of 2017 (TCJA)

According to a summary by H&R Block, Alimony deduction for payments made under orders executed after December 31, 2018. For new orders, the TCJA no longer allows payors to deduct alimony ...
2
votes
1answer
97 views

Cost basis on sold rental property obtained by cashing out ex-wife, not incident to divorce?

My ex-wife and I bought and lived in a duplex. We eventually divorced and agreed to co-own the duplex where she remained. Later, she moved out and I moved in. (we were always on good terms). A few ...
5
votes
2answers
255 views

Pending divorce for all of 2017 while self employed. Will I force my ex to itemize?

We separated in Sep 2016, I served her divorce papers in Feb 2017, and the divorce is still not finalized. So for all of 2017 we did not live together, and we only communicated about divorce related ...
21
votes
3answers
8k views

Will crossing out my ex-wife's name cause problems using my checks?

My ex-wife is no longer on my checking account, but I have still been using the checks with no problem. Her name is written below mine. I want to know if I take a marker and black out her name will ...
1
vote
1answer
197 views

My ex took out 401(k) loans from his 401(k). Does this ruin the integrity of the account and make it co-mingled?

We are splitting 401(k). He took many loans and used the money for family bills. Does this make it a marital rather than separate property because of the loans?
4
votes
1answer
151 views

Is there any way to alleviate the impact of divorce on tax returns?

My friend got divorced towards the end of 2016, and it seems she owes a lot more than she was expecting because her filing status is now Single. She went through all the options she could find in ...
1
vote
0answers
109 views

Ex Spouse Buy Out Of Home Equity Help! [duplicate]

My husband and I had our divorce finalized 2 months ago. In that decree, he is to pay the mortgage on our house in Kansas, but I need to move. I have been living in the house with my 2 minor children ...
1
vote
3answers
686 views

Will a judge remove my ex-wife's name from the title?

I have a car that has both my name and my ex-wife's name on the title. Will a judge remove her name if she hasn't paid anything on the car? I paid all of the payments, but she's asking me to give ...
3
votes
1answer
243 views

How Can We Refinance A Home Mortgage As Part of A Divorce?

We are in the middle of getting divorced and one of our decisions is for one of us to keep the house. I am trying to figure out all the costs involved in that, but I need more information. Is it ...
1
vote
1answer
694 views

How do student loans get split in a divorce?

My question: Legally should a husband have any responsibility for his wife's student loan if it was taken out during their marriage? They are divorcing, the loan is in her name, and I, her mother, co-...
6
votes
1answer
195 views

Divorce and Social Sec, Pension, and 401K

I am 65 while my spouse is 52. My spouse has been the sole breadwinner of the family and we've been married for 25 years If we were to get a divorce, can I start collecting now on my spouse's Social ...
0
votes
1answer
170 views

Does a divorce decree automatically transfer the ownership of a car? [closed]

My husband and I got a divorce, and he was awarded the car. He never transferred the title or registration in his name. Am I still co-owner of the car? If he wants to sell this car with my name still ...
2
votes
1answer
223 views

Can I set aside money for child's education so it will be safe in divorce?

I'm not sure if this is more of a financial or legal question. Let's say there's some tension in my marriage, and my wife and I would like to set aside money in a way that, if we were to get a divorce,...
0
votes
1answer
129 views

divorce,house,etc [closed]

I moved out of the home that my husband and I purchased with our 3 kids about 2 years ago. He has been paying the mortgage for most of the time (last year he got renters). We have owned the home for ...
6
votes
1answer
143 views

Federal Income Taxes For Year of Divorce

In March, my spouse and I happily divorced, coming to our own agreement and keeping the courts out everything (other than termination). Since we were legally married for three months of 2015, how ...
0
votes
1answer
218 views

I received half of my ex-husband's 401k in 2014, paid penalty fee, no income in 2014, should i file federal income tax for 2014?

I got divorced in 2013,I got half of my ex_husband's 401k.The early withdrawal penalty was determined and prepaid by the settlement amount. no income for the year 2014, should i still file federal ...
7
votes
3answers
2k views

Wife wants to buy me out of our house - how to do this?

My wife and I want to separate, and have agreed in principle that she will pay me half the value of the house we share and I’ll move out. As she has just inherited a large amount following her father’...
2
votes
1answer
833 views

Would you liquidate your 401k to pay off debt in this situation?

I have a potentially complex situation that I am looking to resolve in the least painful way possible. I am going through a divorce. My income is nearly twice as much as my ex's, and I am going to ...
2
votes
1answer
114 views

can alimony exist prior to divorce for the purpose of US tax filing?

A married couple separated in the first half of 2014 and together signed an uncontested divorce decree which specified alimony payments. The divorce case has been filed with the court but not ...
6
votes
3answers
1k views

Settling house with husband during divorce. Which of these two options makes the most sense?

This is the scenario: Our house is worth about $250,000 (we think). We owe about $200,000, so we have $50,000 equity. We are divorcing amicably and both want a solution that is fair and makes sense. ...
5
votes
2answers
382 views

Is it impossible to get a home loan with a poor credit history after a divorce?

I am a very recently divorced single mom. I own my small farm which we cannot live at due to my ex-husband's continued harassment. I have the farm for sale but so far all interested parties want/need ...
2
votes
1answer
362 views

What happens to a cashed out Roth IRA in a divorce settlement?

The husband's Roth can be cashed out (has had it over 5 years and is over 59 1/2). The wife has been granted the Roth in the property settlement. The wife needs the cash. If the husband cashes ...
7
votes
2answers
3k views

When filing MFS (US), do I need my separated spouses W-2?

So, I've never been divorced before, and I've always done our taxes. That said, I have no idea how Married Filing Separately works. My date of separation was in March of this year (2013), and ...
1
vote
2answers
550 views

Is there a difference on how the property is divided during the divorce based on gender, in the U.S.?

I know in most developed countries, women can get rich from divorce. But suppose a poor man marries a rich woman and they divorce later. Can the poor man claim part of the woman's assets? Or does it ...
6
votes
1answer
822 views

Family/divorce lawyer wants large retainer before taking on case. Is this normal?

My friend needs to get a separation agreement and divorce. The law firm she called asked for a retainer of several thousands of dollars up front before doing any work. Is a large retainer normal for ...
12
votes
1answer
543 views

What are the advantages of a prenuptial agreement?

Why people don't do them? and why people do? Does it makes financial sense to do them?
2
votes
2answers
600 views

Can I save our credit with a quickie divorce?

I bought a house in 2006, at the height of the boom. Now I owe more than $100K what the home is worth, and considering walking away from my mortgage. (I'm in California, which is a "no recourse" ...