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Cathy Daigle LLC

Financial Divorce Consulting

Contact Us
408-354-9354
408-354-9354
Notice: My office is OPEN for business. I am using video conferencing tools such as Zoom for meetings.
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  • About Cathy
  • Divorce
    • Divorce Financial Planning
    • Divorce Process Options
    • Collaborative Divorce
    • Mediation
    • Divorce FAQs
  • For Professionals
    • Training for Professionals
    • Consulting
  • Classes
    • Divorce Options Classes
    • Trusts & Estates Options Classes – coming soon
    • Trusts & Estates Process Choices
  • Initial Meeting
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You are here: Home / Divorce Overview / Divorce FAQs

Divorce FAQs

  • Collaborative Divorce
    • Collaborative Divorce Overview
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  • Mediation

Will I be able to keep my home? 

There are many factors which go into the decision to keep the family home including the ability to pay the mortgage, property taxes, and insurance; whether the children will be comfortable in another home and a potentially different school district; whether there are offsetting assets for the out spouse; the potential loss of the out spouse’s $250,000 capital gain exclusion when the home is eventually sold; and the ability of the spouse who retains the home to refinance the mortgage, if necessary. The family’s entire financial picture needs to be analyzed to see if it is in anyone’s best financial interest to retain the family home.

Do I have to give up half of my 401(k)? 

While there is not a tax consequence to dividing retirement assets incident to a divorce, when your retirement assets are withdrawn, they are taxed as ordinary income. Care needs to be taken to ensure that the cost basis of all assets is determined before there is discussion around which assets either party is to keep. $100,000 worth of retirement assets is not the same as $100,000 worth of cash. In addition, there is the issue of whether the employer’s plan even allows a division. There have been instances where an agreement has been made to divide a plan when the plan does not allow it. This can be a costly mistake. Another asset should be identified before the marital agreement is signed to offset the half of the marital portion of the plan that would go to the non-owning spouse.

How will we divide our assets and debts? 

A thorough examination of all the finances needs to be made and put into one readable report. The original basis; cost of all the assets should be determined. My reports will show the real value of each asset. Again, a dollar may not equal a dollar. Debts will be reviewed for interest rates, minimum payments, length of years to pay off, and the ability to pay off immediately. With all this knowledge, you will be able to negotiate an equitable division.

Will I have to pay taxes on spousal or family support? 

Family support is combined child and spousal support. Child support is never taxable or deductible. Under current tax law, neither family nor spousal support are taxable to the recipient or deductible to the payor. Care must be taken in deciding yearly support amounts. Certain step-downs in yearly amounts will trigger the IRS to deny deductibility of older agreements. Financial analysis takes into account these tax issues. In addition, certain levels of family or spousal support may require quarterly estimated income taxes to be filed and paid.

My spouse has equity incentives such as stock options, restricted stock benefits, and other employee plans.

How will I understand the complicated values of stock options and how they can be divided? 

Equity Incentive analyses will give a complete breakdown of values, how they can be divided according to the employee plan documents, and potential offsetting assets. Discussion of the pros and cons, tax consequences, and current availability of these assets for division is necessary for informed decision making.

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Cathy L. Daigle, CFP®, CDFA®

Cathy Daigle, LLC

P.O. Box 504
Los Gatos, CA 95031

Contact 408-354-9354
Contact Us 408-354-9354

From the Blog

What Do You Need to Know About Divorce, Money and Taxes?

wedding rings and $100 bills

When people divorce, how to deal with money and taxes can be two of the most contentious topics of discussion. One of the advantages of the Collaborative Divorce process is … [Read More...]

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Cathy L. Daigle, CFP®, CDFA®

Cathy Daigle, LLC

Office Address

20 S. Santa Cruz Ave.
Los Gatos, CA 95031
(no deliveries)

Mailing Address

P.O. Box 504
Los Gatos, CA 95031

408-354-9354

Our firm does not provide legal or tax advice.
Be sure to consult with your own tax and legal advisors before taking any action that would have tax and/or legal consequences.

Disclosure

Web Disclosure - Above, we offer direct access or "links"  to other internet websites.  These sites contain information that has been created, published, maintained, or otherwise posted by institutions or organizations independent of Cathy Daigle, LLC.  Cathy Daigle, LLC does not endorse, approve, certify, or control these websites and does not assume responsibility for the accuracy, completeness, or timeliness of the information located there.  Visitors to these websites should not use or rely on the information contained therein until consulting with an independent professional.  Cathy Daigle, LLC does not necessarily endorse or recommend any commercial product or services described at these websites.

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