Divorce Financial FAQS

by WomansDivorce.com

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 leave before the divorce is final, what can I take?
• Can he force me to leave my things with him?
• 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 rings back?
• How do I prove that I own the dog?
• Can I give my Harley to my brother before the divorce?
• Can I sell some of my own things to pay for the divorce?
• Can I make him move my belongings as part of the settlement?
• Can he come get stuff after the divorce has been finalized?
• Can I have his car towed away if the divorce isn't finalized?
• What should do I do about property he leaves behind?
• How do I make him remove his stuff from the house?
• Return to topic list

Dissipating and Hidden Assets

• How do I prevent him from selling things before we're divorce? 
• Can he sell property before everything is finalized?
• What am I entitled to if he sells property before we get a divorce?
• What can I do if he sold off our marital assets?
• What can I do if he sold the house while we were separated?
• What if he says that all of the severance pay is gone?

How Everything is split

• Who gets what in a divorce?
• Will I get anything if we get divorced?
• Is financial disclosure required if we can reach an agreement?
• Does everything have to be split 50/50?
• Does adultery affect the division of property?
• How do I protect myself if everything is in his name?
• Is property is divided by whose name is on the title?
• Do I have to repay him for everything he spent during the marriage?
• Is he entitled to the furniture I had before we got married?
• Are assets bought before the marriage split in the divorce?
• He says that I can't have any of the furnishings we got while married.
• Do I have to give him half the furniture 5 years after our divorce?
• Who will get the dogs when we get divorced?
• How do I prove ownership of the dog?
• Would he get half of my lottery winnings?
• Are gifts considered marital or separate property?
• Would a check given as a gift community property?
• Can I sell some of our marital assets in order to get by?
• Do we have to list all the community property?
• Is land bought during the marriage community property?
• Are improvements paid for with an inheritance marital property?
• How will everything be split if we were married a long time?
• How is a livestock herd divided in a divorce?
• Will he have any claim to my vehicle?
• Am I entitled to a portion of his work bonus?
• If he loses his job, can the profit sharing plan be divided
• Is my college degree considered marital property?
• Would he be entitled to royalties from my book?
• Can he get part of the settlement I received before we married?
• Will I get anything from the proceeds of his lawsuit?
• Will I be repaid for the child support I helped him pay?
• How do I find out if my husband has been stashing money?
• Will I be able to get the cash back that he took out of the safe?
• How can I protect my property and assets if I get remarried?
• Return to topic list

The Marital Home

• Can I force my husband to leave?
• Will it hurt my case if I move out before filing for a divorce?
• Can I make him leave if the house is in my name?
• Can he lock me out of the house because I left?
• What if he threatens to press charges if I enter the house?
• Can I evict him from the house so I can sell it?
• How can I get my husband to move out after the divorce?
• Can he keep coming back to take things from the house?
• Can he move back in if I'm awarded the house?
• Can we just keep the house as joint owners?
• Can we keep living in the same home after we divorce?
• How do I keep the home if we're only leasing?
• How will a common law marriage affect the home?
• Does the house need to be sold right away?
• Who is responsible for the bills until the house sells?
• What if the house isn't selling and he can't afford the mortgage?
• 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 I sell the house without my spouse's signature?
• Can he sell the house without my knowledge?
• Who gets the family home after divorce?
• Can I keep the home and have my ex pay the mortgage?
• What if I don't want the house?
• Should I ask for the house in our divorce?
• Can I let him have the house if it was awarded to me?
• How is a house located in a foreign country affected by divorce?
• He wants to transfer the home to me as sole and separate property.
• Would the house be considered my separate property?
• Do I have more rights because my father gifted the equity to us?
• 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?
• Does he get anything if I owned the house prior to our marriage?
• Do we each get to keep the property we had 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
• What does it mean if he's asking to buy me out?
• 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 any taxes if I get the house in our divorce?
• 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?
• Return to topic list

Leaving The Marital Home

• Will it hurt my case if I move out before filing for a divorce?
• Can I make him move out before the divorce?
• Who moves out when a divorce is filed?
• Can I switch the locks after he moves out?
• Can I stay in the house during the divorce?
• Can he lock me out of the house because I left?
• 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?
• Is he responsible for repairs even if he doesn't live here?
• Return to topic list

Questions About Refinancing the Marital Home

• Should I refinance the mortgage
• Can he get it refinanced before I sign the quit claim deed?
• How can I insure that I'll get my equity if my husband refinances?
• Should I defer my share of the equity until he can 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?
• Can he force me to refinance if it's not in the decree?
• How can I get my share of the equity if he can't refinance?
• How does it affect our divorce if the lender refuses to refinance?
• What can I do if he didn't refinance the mortgage?
• Return to topic list

Questions About Mortgages

• Can I still get a divorce if the mortgage is in both our names?
• Does he have to pay the mortgage while we are separated?
• How can I get him to pay the mortgage until our divorce is over?
• If he makes the mortgage payments, is it taxable income?
• Can I use the extra if he deposits more than the mortgage payment?
• Will I be compensated if I pay the mortgage until the house sells?
• Can he take over the title and mortgage if it's only in my name?
• Am I liable for half of the payments if my name isn't on the mortgage?
• Will I be compensated for the mortgage payments I made?
• Do I have to reimburse him for 1/2 the mortgage payments?
• Can he be required to pay the mortgage until the house sells?
• What should we do if we owe more on the house than it's worth?
• 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?
• Does a quit claim deed remove my name from the mortgage?
• Should I sign a quit claim deed if I'm still on 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?
• Is post-divorce property at risk if he defaults on our old mortgage?
• Do I have any recourse if he defaults on the mortgage?
• Return to topic list

Questions About Deeds

• 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?
• How can I get the deed transferred into my name?
• How do I change the deed if the house was awarded by default?
• How do I remove his name from the deed and mortgage?
• When do I get his name off the deed and mortgage?
• Can we still own the house jointly after divorce?
• Return to topic list

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?
• How would my husband's partnership be divided in a divorce?
• Should I wait to file until his business is established?
• Should the business account be in both names in case we divorce?
• Does my husband have any rights to my LLC?
• 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?
• Return to topic list

Retirement Assets

• The timing of divorce and Social Security benefits.
• Will I be eligible to receive 50% of his social security benefits?
• Am I entitled to a widows pension if our divorce wasn't finalized?
• Is he allowed to use my retirement information in court?
• How do I get information about his retirement plans?
• Are his pensions considered assets or income?
• Am I entitled to any of his pension?
• Is my husband entitled to half of my 401K?
• Can he get half of my retirement if we've only been married 3 years?
• Should we split the retirement now or wait till the value rises?
• How are retirement accounts divided in divorce?
• How will my pension plan be divided?
• Who handles the division of a retirement plan?
• How do I get QDRO papers?
• What if he refuses to sign the QDRO after the divorce is final?
• How do I get the judge to sign the QDRO after the divorce is final?
• What happens after the court awards me part of his retirement?
• How do I collect my part of his pension?
• Do I wait until he retires to receive part of his pension?
• What can I do if the pension payout is less than the divorce stated?
• How can I get a court release to access his retirement information?
• He never gave me the release to speak to the plan administrator.
• Will giving retirement funds to my child prevent my husband from getting it?
• Can I prevent him from taking cash out of his pension?
• What happens if he cashed out his retirement to spite me?
• Can I liquidate my part of his retirement to buy out his equity in the house?
• Can he buy back the part of his retirement that was awarded to me?
• 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 I get any of his retirement if it wasn't included in the divorce?
• Can he reopen the divorce to remove the retirement clause?
• Return to topic list

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?
• Is a home bought with money from a settlement separate property?
• Would assets obtained after legal separation be considered marital property?
• Would he have any claim to property bought while we are separated?

Stocks

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

Debts

• How are debts handled in a divorce?
• Will I be responsible for half of his debt?
• Am I liable if I didn't know about his debts?
• Should I close the joint credit cards after filing for divorce?
• How can I protect myself if he takes the loan in the divorce?
• Am I liable for anything if I walk away and leave it all to him?
• Am I responsible for his debts if the divorce was never finalized?
• Can he make me pay for debts he incurred after we separated?
• How should we handle the unsecured debt responsibility?
• Is a student loan considered marital debt if incurred during the marriage?
• Am I responsible for half the debt if he makes more than me?
• How is the debt split when 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?
• Do I have to jointly file for bankruptcy?
• Will I be responsible if he declares bankruptcy later?
• Who is responsible for the auto loan?
• Can the car company get a judgment against me if he doesn't pay?
• How do I handle debt collectors who call at work?
• 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?
• Is the equity loan included if he assumes all bills and encumbrances?
• What if he's not helping make the payments on our house and cars?
• 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?
• Return to topic list

Alimony

• Is maintenance considered alimony?
• How is eligibility for alimony determined?
• How much alimony will I receive?
• How can our lawyers come up with different estimates for alimony?
• Does "maintenance reserved" mean I can still get alimony?
• Is separate property considered if it was used during the marriage?
• How will a prenup affect my chances of getting financial help?
• Would the years we lived together count in determining alimony?
• Will I have to pay alimony to him if he's on disability?
• Will I have to pay alimony if he's not working?
• 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?
• Can I help my parents change the alimony part of their settlement?
• 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 the court contact me when the alimony ends?
• Alimony should have ended but I'm still getting payments.
• Will alimony stop when he retires?
• How is alimony affected when the paying spouse dies?
• 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?
• Return to topic list

Tax Issues

• Can I file a joint tax return if we're not divorced yet?
• Do I have to file as married filing jointly if we're not divorced?
• Can we file a joint return after our divorce?
• 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 have to pay taxes on property that I receive in the divorce?
• Is a lump sum property settlement taxable?
• Will I owe taxes if I'm awarded the house?
• Am I liable for taxes when I receive my share of the home equity?
• How do I get the equity payout classified as a property settlement?
• 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?
• I claimed our son by mistake when it was my ex's year to claim him.
• 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?
• Return to topic list

Divorce Settlement Questions

• Do we have to go to court if we can't reach a settlement?
• 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?
• What are my options if he doesn't pay the settlement?
• How do I get a copy of the Marital Settlement agreement?
• Return to topic list

Health Insurance

• Can his insurance company drop me if we are separated?
• Do I have to keep insurance on him if we're legally separated?
• Will I lose insurance coverage when we divorce?
• Can I make him carry health insurance on our daughter?
• Would the courts make him continue insurance on my daughter?
• Is he required to carry the same benefits as when we divorced?
• What if the portion allocated to providing health insurance isn't used?
• Can I switch the coverage obligation from my ex to my new spouse?
• Can I take my kids off his policy and seek Medicaid coverage?
• He wants to put the kids on his plan even though mine is better?
• Can I make his new wife put our kids on her insurance?
• Is it legal for his new wife to put our kids on her insurance?
• Is he responsible for insurance to cover the birth of our baby?
• What are my rights to continue insurance?
• Can I ask for ongoing health insurance?
• Can I use the insurance if his company kept me on the policy?
• Will court ordered ongoing insurance be through COBRA?
• Am I covered if I'm pregnant by another man?
• 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 we get in trouble if I stay on my ex's health insurance?
• Can I drop him from my insurance before I file for divorce?
• What if he took us off the policy despite the temporary orders?
• Can his lawyer make me put him back on my policy?
• When can I drop my husband from my policy?
• Is he still covered on my insurance if our divorce is finalized?
• What if he isn't paying half the insurance costs like ordered?
• Return to topic list

Life Insurance

• Can my husband be required to maintain life insurance for my son?
• Can I request that he keep me as beneficiary on his life insurance?
• 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?
• Is a child entitled to the life insurance if a parent dies?
• Do I have any rights to my step-dad's life insurance policy?
• If I'm named the beneficiary, can it be challenged?
• Is the life insurance beneficiary controlled by a will?
• Am I still a beneficiary if life insurance wasn't addressed in the divorce?
• 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?
• Can my ex take out a life insurance policy on our son?
• Who is liable if the insurance policy was borrowed against?
• Return to topic list

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

Home / Other Articles / Divorce Guide / State Laws
Books / Contact / Chat / Privacy / Links / Newsletter