Divorce Lifestyle and Income Analysis
A lifestyle and income analysis
is done to help you
understand the inflows and outflow
of the marital estate pre- and
post-separation. It
establishes the marital
standard of living to be used as a
benchmark during the divorce
settlement.
Our process requires you to be
involved, but our experienced staff
works hand-in-hand with you to
collect and categorize information.
Then, we take the data and input it
into our templated software to
summarize and report income and
expenses into court defined expense
categories related to housing,
vehicle, insurance, children and
personal expenditures. The
annual amount is then converted into
a monthly average for use in the
court required financial affidavit.
Our experienced professionals
will work with you to review the
outputs of the process and will
recommend potential adjustments that
may be required to reflect
anticipated post divorce changes in
expenditure needs.
This analysis provides the
information required for: support
requests, budgeting for post divorce
living, and for settlement analysis.
Division of Marital Assets
The division of marital assets is
a complex process that requires an
understanding of case law, state
statutes, federal tax regulations
and valuations. The objective is to
capture the tax-effected values of
the parties assets and liabilities
and recommend a division of these
assets.
Our professionals are experienced
in partnering with you and your
legal or mediation professionals to
analyze and propose various options
for asset division.
Settlement Planning
In this role, we help you see the
overall picture by providing a
snapshot of your financial situation
and analyzing potential settlement
scenarios. We will present our
analysis in the form of
spreadsheets, charts and graphs that
outline the projected cash flow, net
worth and tax impacts for you and
your spouse in each scenario. Then
we discuss the pros and cons of each
option with you and your attorney so
that a strategy can be developed and
pursued.
Once we have setup the models, we
can provide on-the spot analyses
during mediation, facilitation or
negotiations to help resolve
property distribution questions and
examine the pros and cons of
different settlement proposals.
Alimony & Child Support
Analysis
The determination of alimony
takes into consideration the income
and/or imputed income of you and
your spouse as well as the lifestyle
needs of the non-moneyed spouse
along with the moneyed spouse’s
ability to pay. Alimony calculations
must also be tax impacted as the
payer can tax deduct the payment and
the recipient must include alimony
received as taxable income.
The total monthly child support
amount is typically governed by
state statute. The total award
then is proportioned between the
parties based upon their respective
incomes.
Pension Valuation and
Allocation
You and/or your spouse may have
pension benefits that include
pre-marital and martial vesting
portions. In such cases, the
pension benefits must be allocated
between marital and non-marital
categories. The non-marital
portion is not divisible as a
marital asset.
Pension benefits can be divided
between the parties either by
dividing the future monthly benefits
between the parties, or by
calculating a lump sum present value
to be utilized in the division of
marital assets. Our professionals
are experienced with these
calculations and are happy to assist
in these matters.
Tax Analysis
A tax analysis is a critical part
of the divorce process. An analysis
of current and/or prior year income
taxes must be ascertained. The tax
liability and/or refund status must
be appropriately identified and
allocated to the parties.
Additionally, the assets must be
tax impacted in order to create a
fair distribution. For example, if
one spouse keeps the marital home
with a fair market value of $500,000
and a cost basis of $250,000, there
will be no income tax due on the
sale of the home. If the other
spouse receives a brokerage account
with a fair market value of $500,000
and a cost basis of $250,000, there
will be a tax on the $250,000 profit
at the time of the sale. Therefore,
the value of the brokerage account
should be reduced by the associated
tax liability in order to create
parity between the parties.
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