A Survival Guide
Don’t Just Do Something…Sit There! The Power of Disengagement
Don’t Just Do Something…Sit There! The Power of Disengagement
The holiday season is a time filled with family gatherings, celebrations, and often, financial stress. Deciding whether to file for divorce during this time can be challenging. While some prefer to wait until after the holidays to avoid additional emotional strain, there are potential financial benefits to delaying the divorce. Here, we’ll explore the advantages and considerations when it comes to waiting.
Financial Benefits of Delaying Divorce
1. Tax Advantages
By remaining legally married through December 31, you may file taxes jointly, potentially benefiting from various deductions and credits that aren’t available to single filers. Married filing jointly often results in a lower tax liability, so staying together through year-end can be financially advantageous.
2. Handling Year-End Bonuses
For couples where one or both spouses receive year-end bonuses, waiting until after these payments are made can be financially beneficial. Bonuses received during the marriage may be considered marital property and subject to division, providing a more equitable financial settlement.
3. Reduced Financial Pressure During the Holidays
The holiday season can be expensive, with gift-giving, travel, and hosting expenses piling up. Filing for divorce at this time may increase stress due to legal fees and potential living arrangement changes. Delaying the process can give you time to prepare financially for the changes ahead.
Psychological Considerations
The holidays are often emotionally charged, with social expectations around family and togetherness. Starting a divorce during this time may increase feelings of isolation or guilt, complicating decision-making. By waiting, you can focus on celebrating with your loved ones and approach the divorce process with a clearer mind once the holiday season ends.
Timing Considerations: Strategic Planning for the New Year
1. Financial Planning and Disclosure
The extra time can be used to gather financial documents and evaluate your situation thoroughly. Preparing a complete financial picture will make asset division easier and help avoid surprises during negotiations.
2. Setting Goals for the New Year
Take this time to set personal and financial goals for yourself and your family. Consider the well-being of your children, especially if they’ll be impacted by the divorce. Planning ahead can ensure smoother discussions about their future, such as education and healthcare needs.
Legal Considerations and Strategic Filing
Different states have varying rules on asset division and separation dates. In community property states, all assets and debts acquired during the marriage are equally divided, while in equitable distribution states, factors like the length of the marriage and each spouse’s contributions are considered. Consult with a divorce attorney to understand the legal implications of waiting, especially if the separation date may significantly affect asset classification.
Mediation Opportunities Post-Holidays
Waiting until after the holidays can also provide a better environment for mediation. With emotions settled, you and your spouse may be more willing to engage in constructive discussions about asset division, support obligations, and future arrangements. This can help minimize legal costs and reduce emotional stress.