Divorce Financial FAQS

You can browse our previously answered divorce financial faqs by clicking on each of the topics below:

Frequently Asked Questions About Divorce and Money 

Personal Belonging

• If I move before the divorce is final, what can I take?
• Can he keep my belongings until the divorce is final?
• How can I get my personal belongings back?
• How do I get my personal belongings out of the house?
• What if he threatens to throw my stuff away?
• Do I have to give my wedding ring back?
• How do I prove ownership of the dog?
• Can I give my Harley to my brother before the divorce?
• Can I make him move my belongings as part of the settlement?
• Will the bank account I had before we got married have to be split?
• Can he come get stuff after the divorce has been finalized?
• What should do I do about property he leaves behind?
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Dissipating and Hidden Assets

• How can I keep him from selling property before we divorce? 
• Can he sell property before everything is finalized?
• What can I do if he sold off our marital assets?
• What if he says that all of the severance pay is gone?
• Can I make him repay the money he cleaned out my bank account?

How Everything is split

• Who gets what in a divorce?
• Is financial disclosure required if we can reach an agreement?
• Does everything have to be split 50/50?
• Do I have to repay him for everything he spent during the marriage?
• He says that I can't have any of the furnishings we got while married.
• How do I prove ownership of the dog?
• Are gifts considered separate or marital property?
• Is property given as a gift considered joint property?
• Can my husband get half of the house that my dad gave me?
• Is he entitled to part of the business I started after we separated?
• Are finances automatically frozen when a divorce is filed?
• How can I keep him from selling property before we divorce?
• Can I sell community assets to make ends meet?
• Is property is divided by whose name is on the title?
• How is everything split if it's a short marriage?
• What am I entitled to after a long marriage?
• Do I have to accept what my husband offers?
• What happens if we can't reach an agreement?
• Is he entitled to my vehicle?
• Is he entitled to my severance pay?
• Am I entitled to part of his bonus from work?
• If he loses his job, can the profit sharing plan be divided
• Is my college degree considered marital property?
• Am I entitled to any of his workman's comp settlement?
• Am I entitled to the money he received from a lawsuit?
• What if I took money from a lawsuit to pay the mortgage?
• Can I be compensated for helping him pay child support?
• How can I find out if my husband is hiding assets?
• How is property divided if his daughter has power of attorney?
• What happens if one spouse dies before the divorce is finalized?
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The Marital Home

• How do I keep the home if we're only leasing?
• How does a common law marriage affect the home?
• Can I make him leave if the house is in my name?
• How can I get my husband to move out after the divorce?
• Can he move back in if I get to keep the house?
• Does the house need to be sold right away?
• Who is responsible for the bills until the house sells?
• How can I change our temporary house sharing arrangement?
• What if we decide not to sell and I keep the home instead?
• Can I stay in the home until the kids leave?
• Can I put the home up for sale without his permission?
• Can he sell the house without my knowledge?
• Who gets the family home after divorce?
• What if I don't want the house?
• What if the deed is in my name only?
• Can he make me leave if the deed is in his name only?
• What if the deed is in his name and he paid the mortgage?
• Should I ask for the house in our divorce?
• How do I remove his name from the deed and mortgage?
• How is a house located in a foreign country affected by divorce?
• Would the house be considered my separate property?
• Can my husband get half of the house that my dad gave me?
• Do I have any rights to a home owned by his deceased parents?
• Will a hand written note giving me the house hold up in court?
• Am I entitled to anything if he had the house before we got married?
• Will I get anything if we bought the home before we got married?
• If I was awarded the home, does he have a right to enter?
• He won't leave even though he signed an agreement to move.
• Related mortgage and divorce questions
• Questions about divorce and quitclaim deeds
• He wants to buy out my interest, but I want the house sold.
• Can I buy out his interest before the divorce?
• How do I go about buying out his interest in the home?
• He claims that the house is worth more than what I'm offering.
• How does joint tenancy with right of survivorship affect division?
• Will I owe taxes if I'm awarded the house?
• His ex placed a lien on the house I was awarded
• Will I have to pay the tax lien if I'm awarded the house?
• Can the judge force him to sell the home?
• Can I make him pay for the increasing taxes and insurance?
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Leaving The Marital Home

• Can I make him move out before the divorce?
• Who moves out when a divorce is filed?
• Can I change the locks after he moves out?
• Can I stay in the house during the divorce?
• Can he keep the home just because I moved out?
• What am I obligated to pay if I move out?
• Is my husband responsible for the bills while we are separated?
• Am I responsible for repairs if he made me move out?
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Splitting the Home Equity

• How is the equity in the marital home split?
• Does a judge have to determine how the equity will be split?
• Does being a co-signer invoke property rights in a divorce?
• If I keep the house, how do I buy out his equity?
• Can I get equity from a house he had before we got married?
• Am I entitled to any equity if we weren't married?
• What if I bought a home with money from selling a house I inherited?
• How much equity is he entitled to if it's my house?
• Would he get 50% even though I've paid the mortgage since the divorce?
• How is equity divided after a long-term separation?
• Do I get any equity if he remodels a house before the divorce is finalized?
• How is the equity split if it takes years for the home to sell?
• What if he gives me the house and equity in lieu of child support?
• What happens when the equity share is given to the children?
• Should I let him buy out my equity if the house isn't selling?
• Should I defer my equity share until he qualifies to refinance?
• What if he refuses to split the equity in the house?
• Am I liable for taxes when I receive my share of the home equity?

Questions About Refinancing the Marital Home

• Should I refinance the mortgage
• How can I insure that I'll get my equity if my husband refinances?
• Should I defer my equity share until he qualifies to refinance?
• Do I have to refinance if it wasn't in the divorce?
• Can the mortgage company make me refinance?
• Can I make him refinance the mortgage?
• What can I do if he didn't refinance the mortgage?
• Can I take him back to court if he failed to refinance?
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Questions About Mortgages

• Will he have to pay the mortgage during our separation?
• How can I get him to pay the mortgage until our divorce is over?
• Will I be compensated for the mortgage payments I made?
• Shouldn't he have to help pay for the mortgage until it sells?
• What if we can't sell and neither of us qualifies to refinance?
• Am I obligated to pay any of the mortgage if he lives in the house?
• Should I keep the mortgage in my name if he keeps the house?
• Is selling the only way to release a person from the mortgage?
• The mortgage is in my name only but the deed is in both our names.
• Does a quit claim deed take my name off the mortgage?
• How can I get my name removed from the mortgage?
• Do I have to take his name off the mortgage?
• How do I get his name off the mortgage?
• He didn't take my name off the mortgage like the divorce ordered.
• What can I do if he didn't take my name off the mortgage?
• Can he make me take his name off the mortgage?
• What if he defaults on the mortgage during the divorce?
• Will I be held responsible if he defaults on the mortgage?
• Do I have any recourse if he defaults on the mortgage?
• Do I have to refinance if it wasn't in the divorce?
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Quit Claim Deed

• The mortgage is in my name only but the deed is in both our names.
• Would he be entitled to any equity if he signed a quit claim deed?
• Would a quit claim deed protect my interests in the home after divorce?
• Does a quitclaim deed remove my responsibility for the mortgage?
• Do I need a quitclaim deed to sell if the mortgage and title are in my name?
• Could he sell the house if I didn't sign a quit claim deed?
• What can I do if he won't sign the quit claim deed?
• Can the court make me sign a quit claim deed?
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Bank Accounts

• Will the bank account I had before we got married have to be split?
• Do I have to tell his lawyer about my personal bank account?
• Can I make him repay the money he cleaned out my bank account?
• Do I have a right to access his account to help support our kids? 
• What am I entitled to if he was a co-signer on his father's accounts?
• Are finances automatically frozen when a divorce is filed?
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Business Assets

• Is he entitled to the business I had before we got married?
• Would I receive anything from the business if we are partners?
• Should I wait to file until his business is established?
• Am I entitled to anything from my husband's business?
• Can I get a fair settlement if my husband runs a cash business?
• What can I do if his name is on the business lease?
• What should be considered in divorce and business valuations?
• Are assets bought with proceeds from the sale of his business divisible?
• Are proceeds from a business sale taxable if done as a property settlement?
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Retirement Assets

• The timing of divorce and Social Security benefits.
• Will I be eligible to receive 50% of his social security benefits?
• Is he allowed to use my retirement information in court?
• Am I entitled to any of his pension?
• Will giving retirement funds to my child prevent my husband from getting it?
• Can I prevent him from taking cash out of his pension?
• Are his pensions considered assets or income?
• How do I collect my part of his pension?
• How are retirement accounts divided in divorce?
• How do I get information about his retirement plans?
• How will my pension plan be divided?
• Who handles the division of a retirement plan?
• Is my husband entitled to half of my 401K?
• He never gave me the release to speak to the plan administrator.
• Do I have to wait until he retires to get my part of his 401K?
• How should I invest my portion of the 401K settlement?
• Can I get part of his 401K if the divorce has already been finalized?
• Can the divorce be reopened if retirement wasn't addressed?
• Can he reopen the divorce to remove the retirement clause?
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Property Bought During Separation and Before Divorce Finalized

• Can I buy another house before our divorce is final?
• Can he buy a house without me having to sign for it?
• Is a home bought before the divorce is final considered marital asset?
• Are assets obtained after legal separation marital property?
• Would he have any claim to property bought while we are separated?

Automobiles

• Is he entitled to my vehicle?
• What can I do if the car is in his name?
• What if my car is registered to someone else?
• Do I have to give back the keys if he keeps the vehicle?
• Who is responsible for the auto loan?
• Can the car company get a judgment against me if he doesn't pay?

Stocks

• Do I have to give him half of my stock?
• How are stock options divided after divorce?
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Inheritance

• Will he be entitled to half of my inheritance?
• Will I get any of the inheritance he received during our separation?
• Will a future inheritance affect my ability to get alimony?
• Will his inheritance affect our divorce?
• Shouldn't his inheritance have had an impact on our settlement?
• Is my child entitled to any of her dad's inheritance?
• Do I owe him if his inheritance was used to remodel our house?
• Does he have any claim to a house I inherited?
• Do I have any rights to a home owned by his deceased parents?
• What if I bought a home with money from selling a house I inherited?
• Would the house be considered my separate property if it was bought with money that I inherited?

Debts

• Am I liable for anything if I walk away and leave it all to him?
• Can he make me pay for debts he incurred after we separated?
• How should we handle the unsecured debt responsibility?
• How are debts handled in a divorce?
• Will I be responsible for half of his debt?
• Are student loans marital debt if incurred during the marriage?
• Am I responsible for half the debt if he makes more than me?
• How is debt split if each spouse has their own credit card?
• Am I responsible for debts he had before we got married?
• Can creditors hold me responsible if he was awarded the debt?
• Can the car company get a judgment against me if he doesn't pay?
• Should I take him back to court if he didn't pay the debt?
• Can I get his bad debts off my credit report?
• Is he in contempt if he declared bankruptcy and didn't pay?
• If he keeps the property, is he required to assume the debt?
• What happens if he defaults on a loan secured by our property?
• Am I liable for the equity loan if I didn't sign for it?
• What is the best way to split the credit card debts?
• Is interest included if he is ordered to pay off the credit card?
• How can I get the credit card debt out of my name?
• Should we get an equity loan before we divorce?
• Who is responsible for the auto loan?
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Alimony

• Is maintenance considered alimony?
• How is eligibility for alimony determined?
• Will I have to pay alimony to him if he's on disability?
• Will I be ineligible for alimony because I'm moving?
• I stayed at home during our marriage. Can I get alimony?
• How long will alimony be awarded for?
• How much alimony can I expect to get?
• Will a future inheritance affect my ability to get alimony?
• If I make more money, will I have to pay alimony?
• Is infidelity a factor in determining spousal alimony?
• Can I get spousal alimony if I have a job?
• Can I get alimony if I can't make it on my own?
• Will it be difficult for me to get alimony if he's self-employed?
• Can I get alimony if he's paid only straight commission?
• Can I get alimony if we've only been married a year?
• He got APL and I can't afford to appeal the ruling
• What's the difference between allotment and alimony?
• When do alimony payments stop?
• Will support stop if I earn more than the minimum amount?
• Will I lose my alimony if I live with my boyfriend?
• Will alimony end if I get remarried?
• Can I have my spousal support increased?
• What can I do if he isn't paying the alimony ordered?
• How is maintenance affected if he quits his job?
• Can I still collect on alimony that wasn't paid?
• How much will I owe in taxes on alimony I receive?
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Tax Issues

• Can I file a joint tax return if we're not divorced yet?
• Am I entitled to part of the tax refund if we aren't divorced yet?
• How do you handle the capital gains tax in divorce settlements?
• Will I owe taxes if I'm awarded the house?
• Am I liable for taxes when I receive my share of the home equity?
• Who gets to claim the tax deduction for dependents?
• Who claims the children for taxes if custody is split evenly?
• Can he claim our son on his taxes if he's behind on child support?
• What if I claimed the children when he was entitled to the exemptions?
• Would he owe me any of the refund if I let him claim our son?
• Can we change who gets to claim our sons for taxes?
• How do we change who gets the tax dependent claim?
• Will child support be affected if we file our taxes jointly?
• Can his tax refund be seized to pay back child support?
• How much will I owe in taxes on alimony I receive?
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Divorce Settlement Questions

• Should a lawyer review the settlement documents?
• Do I have to pay taxes on the divorce settlement?
• What if the proposed settlement agreement is wrong?
• I signed the settlement agreement. Can I have it changed?
• Can a settlement agreement be changed if we didn't use a lawyer?
• How do I get a copy of the Marital Settlement agreement?
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Health Insurance

• What are my rights to continue insurance?
• Can I ask for ongoing health insurance?
• Can he drop me from his policy before the divorce is final?
• Can I stay on his policy if they don't know about the divorce?
• Can I drop him from my insurance before I file for divorce?
• Can his lawyer make me put him back on my policy?
• Do I have to keep insurance on him if we're legally separated?
• When can I drop my husband from my policy?
• Can I make his new wife put our kids on her insurance?
• Is he responsible for insurance to cover the birth of our baby?
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Life Insurance

• Can my husband be required to maintain life insurance for my son?
• Can my divorce be modified to include a life insurance provision?
• He hasn't complied with the court ordered life insurance.
• How is the life insurance policy affected if my ex starts a new family?
• If I'm named the beneficiary, can it be challenged?
• Can he change the beneficiary if the divorce decree states otherwise?
• Why can't I remain a beneficiary on his work-provided life insurance?
• Can I change the beneficiary if life insurance wasn't ordered in the divorce?

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Death and Divorce

• How is everything split if he dies while we are separated?
• Can my Dad stop his wife from claiming his estate if he dies?
• What happens if one spouse dies before the divorce is finalized?
• Can a divorce go through if a spouse dies before the final judgment?
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You can also view our other topic directories of frequently asked divorce questions below:
Children and Divorce FAQS
Questions on Divorce Emotions
Divorce Questions on Legal Aspects
Main Directory of Divorce Faqs

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Please Note:  This website provides general information about the various issues that arise in a divorce and should not be considered a substitute for legal advice.  For specific recommendations concerning your situation, please retain an experienced divorce lawyer who can answer your questions based on the current divorce law statutes of your state.  WomansDivorce.com disclaims any liability from any claim arising from any information contained on this website.