Understanding the Financial Aspects of Divorce
When considering divorce it is easy to put yourself through unnecessary stress worrying about your financial safety. This happens because of the anxiety of the unknown before, during, and after the divorce process. Nevertheless, worrying does not help the situation; all you need is to understand the financial aspects of divorce according to Louisiana divorce laws.
Division of assets and marital property
The marital home you have been living in is considered to be marital property if you built it together. The judge may decide to give it to one spouse or decide that it will be sold, and then the finances are distributed equally based on several factors that are unique in every divorce. If the house belongs to one partner, then it is considered separate property.
The debts are treated like any other asset in Louisiana. They are equitably and fairly divided, though not essentially on a 50/50 basis. A debt acquired by one spouse belongs to them exclusively except if the other spouse added to that specific account, for instance, by means of a credit card. When such occurs, the other spouse is also held responsible for that debt.
Inherited Property and Gifts
When one spouse happens to receive an inheritance property or a gift, it is not subject to equitable division. However, that spouse should be in a position to provide evidence that the asset is indeed their separate property. For instance, you or your spouse may be having a prenuptial agreement showing that a certain gift or inheritance belongs explicitly to that spouse, no matter its usage in the marriage.
IRAs, 401ks, Retirement Plans, and Pensions
In Louisiana, retirement and pension account assets acquired during the marriage are always considered to be marital property. They are, therefore, subject to equitable division. Any retirement or pension funds received before the marriage or after the divorce are considered separate property.
This can be allowed on a permanent or temporary basis when one spouse needs financial support. The duration and amount of the alimony depend on circumstances that are exceptional to each divorce.
The goal of alimony is to assist the receiving partner in sustaining the same living standard they were in before the divorce occurred. Once the spouse dies or remarries, the alimony ends there.
All parents are entitled to taking care of their children even after divorce. This means that even the non-custodial parent is expected to support his or her children financially. The amount of financial support depends on factors such as the number of children, custody arrangements, and the income of both parents.
The exact level of a child’s support is centered on Louisiana’s Child Support Guidelines. However, the court may deviate these rules based on factors such as community debt or extraordinary medical expenses, parental disabilities, and other connected issues.
Insurances such as health insurance are still in effect even after divorce. The court may require one of the spouses to be paying the cost of the premium coverage. In most cases, after the divorce, most employers expect each spouse to seek out their own health insurance.
Understanding the tax implications of the divided property is very crucial. If you were filing jointly, one or both of you would be filing as single and paying higher tax rates. In the case of alimony, the recipient caters to the taxes of the amount they receive.
Basically, Louisiana is a community property state, and therefore, it is important to understand these financial aspects. Nevertheless, there are exceptions to these rules, and therefore it is best to get in touch with an attorney or a law firm to help you know the status of your situation or assets. Feel free to reach out to us at Ellender Law Firm for more information.
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