Financial issues to consider during and after a divorce


Employee Benefits

Employee advantages (also recognized as nonwage compensation) have mushroomed in current years as businesses and nonprofit organizations have sought to attract and retain employees. Start-up businesses, especially, use nonwage compensation because they might not but create the money to pay competitive salaries.

Employee advantages include retirement plans, both pension plans and deferred compensation plans; insurance coverage; disability and death benefits; employee help plans; educational help; and perks such as company cars, health club memberships, and discounts at stores or hotels.

From the standpoint of divorce law, this region is far from settled. Courts can and do disagree about how to classify particular advantages at divorce. One court may say that use of a business automobile lowers an employee's living expenses, freeing up more money for spousal and child assistance; another might not. So it's essential to talk to your attorney concerning the role that employee benefits might play in your situation.

Well being insurance

The employee benefits that most affect day-to-day living are in the insurance area. Medical insurance, especially, is one of the most important advantages that are subject to a divorce court's powers. Health insurance may also cover prescriptions, therapy, dental and vision care, and the like.

Numerous well being insurance plans provide benefits through an insurance business or perhaps a health maintenance organization (HMO). Other plans are paid straight by the employer (recognized as "self-funded" or "self-insured" plans). An employer's contributions for health insurance aren't regarded as taxable income towards the employee. Nor does an employee report as taxable income amounts paid by the insurance company for covered medical expenses.

A court might order a parent to offer well being coverage for kids as part of a child assistance order. But this benefit isn't regarded as an asset that needs to be divided at divorce.

Disability plans

These plans protect employees against the risk that illness or injury will interrupt their capability to work. Usually, the employer provides coverage for disability under an accident or health plan. Usually, the employer's contribution is excluded from the employee's gross income on the tax return. In the event of disability, however, amounts the employee receives are included as gross income.

Employer-sponsored disability insurance isn't an asset to be divided between spouses at divorce. But a contribution paid by the employer may be factored into the court's calculation of child and spousal assistance.

Group term life insurance

This is an insurance policy carried by an employer to provide death advantages for employees and, occasionally, for retirees. Unless an employee is upper management, this insurance is generally accessible only during the term of employment.

The employee usually excludes from taxable income the employer's contribution to the premium up to USD 50,000. In the event of death, the beneficiary is not taxed on the death benefits received.

Group term life insurance isn't an asset that a court divides. Nevertheless, the court might order a party to maintain all employer-provided life insurance, naming a former spouse or children as the beneficiary.

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