Divorce Property Division and Playing Nice Dont Always Mix


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 a divorce.

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.

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