Divorce Property Division and Playing Nice Dont Always Mix
Posted on Jul 6, 2012 12:00am PDT
Many couples in Georgia have experienced divorce. Often the splits are
less than amicable; with fighting more the rule than cooperating as the
parties go through the process of property division. Other times they
remain friends for the sake of their children and work cordially together.
Unfortunately, sometimes "too nice" leads to trouble.
One couple's story serves as a perfect example. The pair was married
with three children when he announced he is homosexual. Because they had
kids, they decided to go their separate ways in a peaceful manner.
Because his finances were spiraling downward (he'd lost his job and
entered bankruptcy), the man asked his wife to wait to file for the divorce.
With a job and better financial situation, he offered that he would be
able to pay more in alimony in the future. The woman, expecting to complete
a Master's degree that would allow her to get a better job, agreed
to accept just three years of alimony rather than five as allowed by law
in her state.
Unfortunately, the unexpected happened -- she was diagnosed with cancer.
Due to her illness, she was unable to finish her degree as quickly as
she had hoped. Balancing that out, though, was her ex-husband's decision
to set their spousal support agreement aside and he helped her through
the difficult time.
While this situation ended OK, some may not be so lucky. According to experts,
these kinds of financial mistakes can happen when the parties, in an effort
to remain harmonious, fail to consider all the implications, such as taking
on the responsibilities of the mortgage or property tax payments that
now may have to be covered by only one salary. In addition, tax deductions
for children and retirement accounts may be neglected when discussing
Working through difficult issues like property division is tough; consulting
a neutral third party, such as an attorney, could help. Professionals
with experience with divorce and complex property division can ensure
these types of issues are brought to the table so each party can properly
plan for life after divorce.
Working together through divorce has a lot of benefits for many couples.
In taking the approach, however, both sides need to realize the importance
of full transparency and communication about how to deal with things if
the unexpected happens.