One aspect that often adds complexity to divorce is the division of cash value life insurance. That is why it is crucial for each spouse to have a comprehensive understanding of their legal rights and liabilities when it comes to dividing assets.
When it comes to life insurance, you should consider the following tips on dividing cash value in a divorce:
Understand how cash value impacts the division of property in a divorce
Cash value is the portion of a life insurance policy’s premium that remains after all related costs are paid off. In some states, this element may be considered part of a couple’s marital assets and therefore subject to division in a divorce.
Know the differences between term life insurance and permanent life insurance
Term life insurance policies are often more affordable as they offer coverage for a specific period of time, such as 10, 20, or 30 years. On the other hand, permanent life insurance policies remain in effect until the death of the insured, providing lifelong protection. Permanent policies also come with a cash value component that grows over time, offering potential financial flexibility. It is crucial to carefully review the terms and conditions of these policies to make informed decisions about the most suitable course of action for your specific needs and circumstances.
Know your state’s laws concerning life insurance and divorce
In some states, a spouse may be able to use cash value from a policy as part of their share of marital assets, while other states may not consider it part of the division at all. It’s important to understand the laws in your state before making decisions about life insurance and divorce.
Be aware of tax implications
There may be important tax ramifications associated with the cash value portion of a policy. These potential tax consequences can vary depending on factors such as the policy type, amount of cash value, and individual tax circumstances. Therefore, it is highly recommended to consult with an experienced financial advisor or accountant who can provide personalized guidance and help you understand the specific tax implications before making any decisions or taking further steps.
Take into account court-ordered obligations
If one spouse is required to pay alimony or child support, they may be able to use the cash value from their life insurance policy in order to fulfill such obligations. It’s important to understand any court-ordered requirements before deciding how best to divide the assets.
Review the terms of an existing policy and make sure all documents are up-to-date
When going through a divorce, it is crucial to consider the existing policy and its provisions on the division of cash value. Take the time to thoroughly comprehend the terms and conditions of these policies, ensuring a well-informed approach when dividing assets. This will help navigate the complexities of the process with clarity and fairness.
No matter what decisions you make about dividing cash value life insurance during a divorce, it’s crucial to speak with an experienced and knowledgeable financial advisor who can help you understand the implications and potential consequences. A financial advisor can provide expert guidance and support on how to navigate this complex process, ensuring that you and your spouse each receive fair and equitable settlements based on your unique financial circumstances. Their expertise can also help you consider factors such as tax implications, policy ownership, and beneficiary designations, ensuring that all aspects are carefully evaluated and accounted for.
Work with us
If you have more questions about dividing assets in divorce, our team is here to help you every step of the way. At Purposeful Wealth Advisors, we work closely with divorce attorneys, accountants, and other dedicated professionals to arrive at comprehensive solutions for our clients.
Contact us today to know more!
Opinions expressed are those of the author and are not necessarily those of Raymond James. The information has been obtained from sources considered to be reliable, but we do not guarantee that the foregoing material is accurate or complete. Raymond James and its advisors do not offer tax or legal advice. You should discuss any tax or legal matters with the appropriate professional.
