Couples ending their marriage may not be able to avoid the emotional damage that a divorce can cause. However, divorcing couples in California and throughout the country may be able to avoid some or all of the financial issues that divorce can cause. Ideally, individuals will hire financial advisers to help them create a financial plan that takes into account changes to the tax code or the possibility of getting a raise at work.
The stress and emotion involved in divorce can bring out the worst in people. It can be among the most stressful life events to go through a divorce in California, but those who allow themselves to turn ugly might suffer for it. Speaking or acting maliciously to a soon to be ex can hurt the family dynamic if there are children involved and it can harm the person's reputation as well. Meanwhile, there are advantages to remaining amicable during divorce.
When people in California decide to divorce, some people may easily reach an agreement on how to distribute their property and resolve any remaining issues. When couples are less amicable, however, the tension may grow rapidly and some spouses may resist attempts to settle the case. However, many people may find that, even in a high-conflict divorce, reaching a settlement agreement may help them to save time and money while moving on with their lives.
A study in the United States shows that couples over the age of 50 are getting divorced at a higher rate than in previous decades. Across the country, including in California, the rate of 'gray divorces" has doubled from 1990 to 2010, even though the overall divorce rate has decreased among all couples.
Women in California and around the country are more likely to file for divorce than their husbands. According to a 2015 study by the American Sociological Association, more than two-thirds of divorces are initiated by women.
The number of divorces in California and around the country involving spouses over the age of 50 has increased significantly in recent years even though the overall divorce rate has remained fairly consistent. IRA and 401(k) accounts are usually among the most significant assets divided in a gray divorce, and dealing with them is often difficult because of strict regulations and complex tax laws that were drafted to deter individuals from plundering their retirement savings.
Many couples in California get married without creating a prenuptial agreement. Even if a couple has no prenup in place, a postnuptial agreement can be created during a marriage. A postnuptial agreement is similar to a prenup in that it's an agreement about who owns what and what will happen to property in the event of a divorce.
Throughout the year, many Californians decide their marriage is no longer working and choose to move forward with a divorce. While the time of year might not seem relevant in ending a marriage, statistics indicate that there are certain months in which more people divorce. One of those months is January. With the new year beckoning, this should be considered in the context of family law and divorce.
Prenuptial agreements can protect people financially in case of a divorce, but it is best if they are created with the interests of both individuals in mind. One woman who was asked by her boyfriend to sign a cohabitation agreement before they moved in together was shocked by some of its provisions. The agreement stated that if they married, she would not be eligible to any spousal support in case of divorce. It also said that she would not get any financial compensation for the home the man had purchased with the help of his mother even if she contributed significantly to the mortgage.
Making a financial plan during a divorce in California can be particularly important for anyone who has not been involved in the family finances. A certified divorce financial planner is a financial professional who has been specially trained to deal with financial issues around divorce and may be helpful at this stage. This can be important in ensuring that an individual gets a fair share of the assets.