The most mutually satisfying divorces often involve a variety of professionals who serve the divorcing couple in advisory roles. From mortgage professionals to therapists to attorneys, the team at A.M. Financial works closely with these types of professionals, who offer their expertise on various aspects of divorce and guide the divorcing couple toward peaceful resolution.
Rachel D. Anderson, Family Law Attorney at Anderson Allen, LLC, is one of these esteemed professionals. With a commitment to helping families through major and often unexpected transitions with dignity, fairness, and peace, Rachel assists families in problem-solving and collaborative outcomes.
I recently met with Rachel to understand more about the top questions she fields from clients when it comes to advising on the legal aspects of a divorce. In part one of this series, we detail her answers to top divorce questions. As you review these responses, please keep in mind that the specifics of your divorce circumstances are unique and this post does not constitute legal advice. The responses are also unique to Colorado State Law. For specific guidance, talk to an attorney directly or meet with Rachel by scheduling a free consultation. Tune into part two of this post, where we’ll detail top questions related to spousal and child support.
It’s clear that I am heading into a divorce; how do I protect myself financially?
It is certainly normal and expected to experience uncertainty, and even fear, about the financial aspects of filing for divorce. The first, important thing to understand is that during a divorce, the Court will divide marital assets and debts between the parties, and can “look back” at the financial dealings of the parties prior to the filing of the case. The Court can consider whether either party committed “economic fault” in anticipation of the divorce, such as concealing or disposing of marital property or funds, which can impact how the Court decides to allocate the estate. Furthermore, throughout the divorce process, both parties owe each other, and the Court, full disclosure of all economic circumstances, including accounts, balances, assets, and more.
While there is no way to prevent marital property from being awarded to another party during the divorce, the parties are permitted to make financial transactions prior to and during the divorce “in the normal course of business” or for the “necessities of life”. This category of spending includes rent, car payments, groceries, childcare, insurance payments, and more. In anticipation of filing for divorce, both parties are permitted to access and utilize income (earned by either party) or assets to pay for regular living expenses, including attorney fees. In most cases, it is permissible for a party to open a separate checking account and transfer a reasonable amount of marital funds to cover their necessary expenses during the divorce process.
Currently, irresponsible spending is going on in my marriage. I am worried irresponsible spending will occur once I file for divorce; how do I protect myself financially?
Consulting with an attorney on your specific circumstances, as soon as possible, can help you create a strategy for safeguarding your assets. The sooner a case is filed, the sooner you will be able to address your concerns with the Court as any extraordinary spending may be addressed as a violation of the automatic temporary injunction that goes into place immediately upon the filing of a petition.
While you can’t control how your former spouse will behave, it’s important to keep good accounting and documentation of your expenditures to defend against allegations of improper spending and ensure you do not take any actions that might be used against you later. It is important to talk to an attorney about your specific circumstances and concerns prior to making any major changes to your spending.
How is property divided in Colorado? I have heard that it might not be split equally. How often does that occur and under what typical circumstances?
The law directs Courts to allocate marital property between the parties “equitably,” not equally. In doing so, the court will consider a variety of factors, including the contributions of each spouse to the acquisition of property, which explicitly includes contributions as a homemaker, the value of marital property, and the economic circumstances of each spouse at the time of division. The Court can only divide “marital” property, which, with a few exceptions, are assets acquired or purchased during the marriage, as well as any increase in value to property a spouse may have owned prior to the marriage. The Court will also divide debts incurred during the marriage equitably considering similar factors.
I have very little access to our finances. I need to move out of the home for my safety and hire an attorney. What do you suggest?
In a challenging situation like this, safety should absolutely be your first priority. Meet with an attorney as soon as possible to discuss your options, but note that courts will not typically punish a party for using or transferring a reasonable amount of marital funds for the necessities of life, including living expenses and attorney fees for proceeding with a divorce. To the extent possible, you can also use a credit card for such expenses. Be sure to keep good accounting and documentation of how the money was used.
While this post might address your top divorce questions, we know that understanding the long-term support you’ll need is also likely top of mind. In part two of this post, we dive into top questions around spousal and child support with expert Rachel Anderson, Family Law Attorney. Many of these support questions align with organizing and understanding your finances, which is the expertise we provide at A.M. Financial. Contact us to learn more.