Divorce Financial FAQS

Below is a sampling of the various divorce financial FAQs which have been answered on this site. You can navigate by the topics listed below to find answers to your financial questions:

By WomansDivorce

Divorce and Money Questions

Personal Property

• Can I take anything if I move out of the house?
• How can I get my things out of the house if he's there?
• Can he make me leave my personal belongings with him?
• Can he hold my belongings until after the divorce is finalized?
• How do I get the items back he stole from me?
• Will I have to give my wedding rings back?
• How can I prove I own the dog and should keep it?
• Can I give my motorcycle to my brother before the divorce?
• I need money to pay for the divorce. Can I sell any of my stuff?
• Can he come get stuff if our divorce has already been finalized?
• Can I get his truck towed away before the divorce is finalized?
• What should do I do about the items he leaves behind?
• Is there any way to force him to remove his stuff from my home?
  

Dissipating and Hidden Assets

• How do I keep him from selling things before we're divorced?
• Can he sell property before everything is finalized?
• What happens if he sells assets before we get a divorce?
• What if my husband sold off our marital assets?
• More Questions on Dissipated Marital Assets
  

How everything is split

• How is everything divided when you get divorced?
• Will I be able to get anything if I divorce my abusive husband?
• How will infidelity affect the property division?
• Can we reach our own agreement instead of a 50/50 split?
• Does it make a difference who is named on the title?
• How do I protect my best interests if everything is titled to him?
• Will he get any of the furniture I owned before marriage?
• Are premarital assets split in the divorce?
• He won't let me have any of the furniture bought during marriage.
• Who gets to keep the dogs when we get divorced?
• Would he get half of my lottery winnings?
• Are gifts considered marital or separate property?
• Would a check given as a gift be 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 acreage 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?
• Will I still get half the profit sharing plan if he loses his job?
• Is a college degree regarded as marital property?
• 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?
• Are there any ways to find out if he has been stashing money?
• How can I protect my property and assets if I get remarried?
  

The Marital Home

• Does he have a right to stay if bought the home before we married?
• What if he won't let me enter the house?
• Can I force him to move out so I can sell the house?
• How can I get him to move out after divorce?
• Can he move back in if I'm awarded the house?
• Can we keep living in our home after we divorce?
• Can we continue as joint owners after the divorce?
• Will the family home need to be sold to give him his equity?
• Who pays the house expenses until it sells?
• Do we have to modify the decree if we don't sell the house?
• Can I remain in the home until the children are grown?
• Can I list the house even if he won't agree to sell it?
• Would he be able to sell the house without my knowledge?
• Would the house be considered my separate property?
• Can my husband get half of the house that my dad gave me?
• What if he owned the house before we were married?
• What if we each had property before we were married?
• If I was awarded the home, does he have any rights to come in?
• Can I have him evicted if he signed the agreement to move out?
• What does he mean when he says he'll buy out my portion?
• How can I buy out his share of the home?
• What if he remarries and we retained joint tenancy?
• Will I owe any taxes if I get the house in our divorce?
• If I'm awarded the home, will I have to pay the IRS lien?
  

Leaving the Marital Home

• Should I move out before I file for divorce?
• Can he be forced to move out before the divorce?
• Which spouse moves out after divorce papers are filed?
• Can I switch the locks once he moves out of the house?
• Can he keep me from coming in our home because I left?
• Can I remain in our home during our divorce?
• Will he get the house just because I moved out?
• Is he responsible for the mortgage and bills during our separation?
• What are my obligations if I move out of the house?
• Can he make me pay for repairs made after I moved out
• Is he responsible for repairs even if he doesn't live here?
  

Questions about Refinancing the Marital Home

• Is refinancing possible before the quit claim deed is signed?
• Should I refinance the mortgage
• Should I defer my share of the equity until he can refinance?
• How can I insure that I'll get my equity when he refinances?
• Can he make me refinance if it wasn't required in the divorce?
• Can the mortgage company make me refinance?
• Can I make him refinance the house?
• How do I get my equity share if he isn't able to refinance?
• Will it impact the divorce agreement if he can't refinance?
• What are my options if he didn't refinance the mortgage?
  

Questions about Mortgages

• Does he have to pay the house payment while we are separated?
• Can I make him pay the mortgage until our divorce is over?
• Will I be compensated if I pay the mortgage until our home is sold?
• Can he take ownership if the mortgage and deed are in my name?
• Am I responsible for mortgage expenses if I'm not on the loan?
• How can I make him keep up the payments until our home sells?
• What are our options if we're upside down on our mortgage?
• Am I obligated for a portion of the loan if he lives in the house?
• Is it a good idea to sign a quitclaim if I'm on the mortgage?
• Does a quit claim deed remove my mortgage responsibility?
• Can I be removed from the mortgage without refinancing the loan?
• Can't I just leave his name on the mortgage?
• He didn't take me off the mortgage like the divorce ordered.
• Can he sue me to have his name taken off the mortgage?
• Will I be liable if he doesn't pay the mortgage?
• Is it legal if he deliberately defaults on the mortgage to ruin me?
• Is my current home at risk if he defaults on our old house?
• What are my options if he defaults on the mortgage?
• More Divorce and Mortgage Questions
  

Questions about Deeds

• What if he pays the mortgage and the house is only in his name?
• Can I be forced to leave if only his name is on the deed?
• What if my name is the only one on the deed?
• Can I get the deed changed if I was awarded our home by default?
• How and when can I remove his name from the mortgage and deed?
• How do I officially get the deed transferred into only my name?
• Can we continue to jointly own the house after our divorce?
  

Business Assets

• How can I find out how much the business makes?
• FAQs on how business assets are divided in a divorce
  

Retirement Assets

• Should I wait to divorce until he's eligible for full benefits?
• Am I eligible to receive half his social security benefits?
• Will I be entitled to any of his pension plan?
• Is there any way to find out what type of retirement he has?
• How are retirement accounts divided in divorce?
• What factors go into the division of a pension plan?
• Who is responsible for the division of retirement plans?
• Where do I get the QDRO papers the 401K administrator needs?
• Can he get away with not signing the QDRO?
• How do I get the judge's signature for our QDRO?
• How will I receive my part of the pension plan?
• What if the pension payments are less than what the divorce stated?
• 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?
• Will I have wait to get my part of his 401K until he retires?
• What are my options for investing the divorce 401K settlement?
• Can I get part of his 401K if the divorce has already been finalized?
• Am I entitled to his retirement if it wasn't included in the divorce?
• More FAQs on Dividing Retirement Assets
  

Property Bought During Separation and Before Divorce Finalized

• Can I purchase another home if our divorce isn't over?
• Is property bought during a divorce considered a marital asset?
• How could he close on a home without my signature?
• Are assets obtained after legal separation considered marital property?
• Would he have any claim to property bought while we are separated?
  

Stocks

• How are stock options split after a divorce is finalized?
• Am I obligated to give him half of my stocks?
  

Debts

• How are debts handled in a divorce?
• Can I be held liable for half of his debt?
• Am I still liable if I was unaware of his debts?
• Should our joint credit cards be closed when I file for divorce?
• How do I protect myself if he will be responsible for the loan?
• Am I still liable for his debts if our divorce wasn't finalized?
• Will I be liable for any debts if I give him everything?
• Am I responsible for the debts he got into after our separation?
• How is unsecured debt responsibility for credit cards handled?
• Are student loans taken out during the marriage marital debts?
• Will I have to pay half the debts if he makes more than me?
• How is the debt split if we both have our own credit cards?
• Who is responsible for pre-marital debts?
• How can creditors make me responsible for his debts?
• Do I have to file joint bankruptcy if I don't want to?
• Will my credit be affected if he claims bankruptcy after divorce?
• How are auto loans divided in a divorce?
• Won't an indemnity clause protect me from credit collections?
• Is there any way to remove his bad debts from my credit report?
• He's trying to ruin me financially by not making the payments.
• What happens if he defaults on a loan secured by our property?
• Am I equally liable for an equity loan if I didn't sign the papers?
• How should we divide the credit card debts?
• How can I get the credit card debt out of my name?
• Is getting an equity loan before we divorce a bad idea?
• More Questions about Debts in Divorce
  

Alimony

• Is maintenance the same thing as alimony?
• What is considered when determining alimony?
• How much alimony will I receive?
• How many years is alimony usually awarded for?
• Is separate property considered if it was used during the marriage?
• Would a prenuptial agreement affect my chances of alimony?
• Can I get alimony if I was a stay at home mom?
• Will I be required to pay spousal support if he doesn't work?
• Will moving make me ineligible for alimony?
• How much alimony can I expect to get?
• Will a future inheritance affect my ability to get alimony?
• If my income is higher, will I have to pay alimony?
• Is infidelity a factor in determining spousal alimony?
• Can I get alimony if I have a job?
• How much will I have to pay in taxes on alimony I receive?
• More Spousal Alimony Questions
  

Tax Issues

• Is filing jointly an option if the divorce isn't finalized?
• Do I have to file jointly and share the refund while we're separated?
• Is it possible to file jointly after we're divorced?
• Am I entitled to part of the tax refund if we're only separated?
• How is equity split if capital gains taxes are owed when the house sells?
• Are lump sum property settlements taxable?
• Are taxes owed on property I received in our divorce?
• Will I owe any tax if I am awarded the home?
• Am I liable for taxes on my share of the home equity?
• Who will get to claim the kids on their taxes after a divorce?
• Am I entitled to some of his refund if he claims our son this year?
• How can I change who gets to claim the tax exemption?
• Will it affect child support if we file jointly?
• Seizing tax refunds to pay delinquent child support
• How much will I owe in taxes on alimony I receive?
  

Divorce Settlement Questions

• So we go to court if we can't agree on the settlement?
• The proposed changes to the agreement aren't what we agreed on.
• Can the settlement agreement be changed after I signed?
• Can our divorce settlement be changed if we did it without a lawyer?
• What if he doesn't pay the divorce settlement?
• Is the divorce settlement considered taxable income?
• More Divorce Settlement Questions
  

Health Insurance

• After we divorce, do I have any legal right to continue health coverage?
• Do I have to provide insurance for him during a legal separation?
• Could his insurance drop me from the plan if we separate?
• Can I remove him from my plan before I file for a divorce?
• Can I be dropped from the policy before the divorce is finalized?
• Can the judge make him continue coverage for my daughter?
• Can I switch insurance from my ex's plan to my new husband's?
• Could his new wife be required to add our kids to her insurance?
• Can I remain on his policy by not telling the insurance company?
• What if he violated the temporary orders to provide coverage?
• When can I remove my spouse from the policy?
• More Health Insurance Questions

Related FAQs:

• Children and Divorce FAQS 
• Legal Divorce Questions 
• Emotional Aspects of Divorce