Articles & Blog

Certified Divorce Financial Analyst™ Advice: – Your Kids and $!

For many individuals, getting divorced forces them to dive deep into the world of personal finance . . . sometimes kicking and screaming. It is a necessary part of everyday life, though, and everyone needs to have a decent understanding of money. As a divorce mediator with specialized credentials – I am Certified as a Divorce Financial Analyst® -- I spend a lot of time making sure that both parties to a divorce have the requisite financial knowledge to move forward with their lives as independents (not married).

Children, too, often get an unanticipated education in family finance when their parents get divorced.

What is Business Goodwill in a Virginia Divorce?

When valuing a small or family-owned business in a Virginia divorce, parties need to be aware of the concept of “goodwill.” Goodwill is divided into two main types: personal goodwill and professional goodwill. Though sometimes hard to tease apart, once a judge determines how much of each type of goodwill is contributing to the value of a divorcing-spouse’s business, that ruling can be monumental to the financial well-being of the husband and wife.

Business Valuation & Division in a VA Divorce

Settling a divorce case in Virginia, where one of the parties owns a business, can be extremely challenging. Businesses are considered “property” and, just like a house or a retirement fund, are divisible upon divorce. Therefore, in a mediated divorce settlement, the value of a family business must usually be quantified in order for both parties to make informed decisions with regard to which party retains which asset/liability post-divorce.

Child Support Income Determinations – Virginia Divorce

For purposes of calculating Child Support in a Virginia divorce, gross income is what is used (not net, not AGI, nor anything else). The term “gross income” is very broadly interpreted. It includes, but is not limited to:

Salaries
Wages
Commissions
Royalties
Bonuses
Dividends
Severance Pay
Pensions
Interest
Trust Income
Annuities
Capital Gains
Social Security Benefits (can be complicated)
Workers Compensation Benefits
Unemployment Insurance Benefits
Disability Insurance Benefits (can be complicated)
Veterans Benefits
Spousal Support received
Rental Income
Gifts
Prizes
Awards

Gross income does NOT include:

Benefits from most Public Assistance programs
SSI benefits
Child Support received
Income received by payor for secondary employment where that income is being obtained specifically to discharge a child support arrearage established by a court or administrative order and the payor is actually paying that arrearage.

Tax-timing a Marriage or Divorce

As part of your tax planning, you need to consider an expected change in your filing status for this year or next. The frequently overlooked strategy is that the advancement or postponement of the date of a marriage or a divorce by a single day at year’s end can make a sizable difference in the amount of your tax tab for both years.