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Nolo's Essential Guide to Divorce - Emily Doskow [18]

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own, such as a vacation house)

• retirement plans, including pensions, 401(k)s, IRAs, SEP IRAs, profitsharing, and any other deferred compensation plans

• stock options

• accrued vacation time

• medical savings accounts

• cars and other vehicles, including boats or other recreational vehicles

• valuable personal property, such as works of art, jewelry, or collections

• household furniture and furnishings

• life insurance policies with cash value

• season tickets to sporting or cultural events

• tax refunds you expect.

Debts

• mortgage

• home equity line of credit

• credit cards

• vehicle loans

• promissory notes

• student loans

• any other obligation.

Ready for your close-up? In addition to creating a written record, it's not a bad idea to use a video camera to document your major assets, like your house and automobiles. This will show their condition at the time you separated and also be proof of how you were living before the divorce, which can sometimes be a factor in support negotiations.

In addition to making a list, make copies of important financial documents, including:

• deeds

• recent mortgage statements

• insurance policies

• retirement plan documents

• business interests

• tax returns for the past five years

• wills and trusts, and

• bank, brokerage, and retirement account statements.

If you have bank safe deposit boxes, check their contents as soon as you can. Take a friend along, or ask a bank employee to witness you opening the safety deposit box and making a videotape of the contents, then make a written inventory and have your witness sign it. Don't take anything from it unless you're sure the property belongs only to you. Even in that situation, rent a second box and simply move the contents over for safekeeping under your control. You'll have to identify the property and have the court confirm that it's your separate property as part of the divorce.

Something else you should take care of right away is getting information about your spouse's retirement plans. You need to let the employer know that you are separated and planning to divorce, and find out from the human resources department the address of the plan administrator or trustee of the retirement plan. Write the employer a letter (and send a copy to the plan administrator) asking for the following:

• a "summary plan description" for all deferred compensation plans that your spouse participates in

• copies of benefit statements reflecting your spouse's benefits for the past five years

• information about company stock or stock options that your spouse holds, including vesting or exercise dates, and

• names and addresses of plan administrators, if you don't already have them.

If you can, get your spouse's signature on the letter, consenting to the release of the information. You are entitled to receive all of this information and if the employer doesn't cooperate, you can get the documents through methods discussed in Chapters 5 and 9.

If Your Spouse Has All the Financial Information

You are entitled to know what you and your spouse own and owe. But what if you don't even know what accounts there are or where they're kept, much less what's in them?

If your spouse isn't cooperative, you may need to file for divorce right away so that you can force your spouse to disclose relevant financial information.

In the meantime, a good first step is to get copies of your tax returns. If you don't know where they are at home, you can get them from the IRS by submitting a simple form (Form 4506). You can get the form by contacting the IRS at 800-829-1040 or www.irs.gov. There's more about getting financial information out of a recalcitrant spouse in Chapter 9.

Are Those New Golf Clubs, Honey?

If you think your spouse has always been completely forthcoming about money matters, think again. A recent survey found that nearly one-third of adults in committed relationships admit to having been dishonest with their partners about spending habits and even about overdue bills.

Managing Your Family's Money


Divorce usually

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