How To Prepare Financially Before Filing For Divorce

Steps to Take Before Filing for Divorce | Blackfords LLP

Divorce shakes your money, your housing, and your sense of control. You may feel fear, anger, or guilt. You are not alone. Before you file, you need a clear picture of your money. First, list what you own, what you owe, and what you earn. Next, gather bank statements, pay stubs, tax returns, loan papers, and retirement account records. Then, open a checking account and credit card in your own name if you can. You should also create a simple budget for life during and after the case. This helps you see what you must protect and what you can change. When you search for a divorce attorney near me, you will be ready to ask sharp questions and push for fair terms. Careful planning now reduces surprise later and gives you a stronger voice in every hard choice.

1. Map your full financial picture

You need facts, not guesses. Start with three lists.

  • What you own. Home, car, bank accounts, cash, retirement plans, life insurance with cash value, business interests, valuables.
  • What you owe. Mortgage, car loans, credit cards, personal loans, student loans, medical bills, tax debts.
  • What you earn. Paychecks, tips, bonuses, self employment income, rental income, benefits.

Use past tax returns, pay stubs, and bank records to check your lists. You can review examples of common assets and debts on the Consumer Financial Protection Bureau site. Honest detail now prevents shock later.

2. Gather and store key documents

Next, pull together proof. You may need at least three years of records.

  • Federal and state tax returns
  • Pay stubs and benefit statements
  • Bank and credit card statements
  • Retirement and pension statements
  • Loan and mortgage documents
  • Titles for cars and homes
  • Health, life, and disability insurance policies

Keep digital copies in a secure folder with a strong password. Keep printed copies in a safe place outside the home if you fear conflict. Clear records help the court, your lawyer, and you.

3. Build a clear “now and later” budget

Your budget before, during, and after divorce will change. Plan for all three. Start with your current monthly costs.

  • Housing and utilities
  • Food and household supplies
  • Transportation and gas
  • Childcare and school costs
  • Health care and medicines
  • Debt payments
  • Insurance premiums

Then create a simple budget for life after separation. Include rent or a new mortgage, higher utility bills, and separate phone or internet service. The MyMoney.gov site from the U.S. government has basic tools that can help you plan. If the numbers do not work, you may need to cut costs, raise income, or both.

4. Protect your access to money

You must be able to pay for food, housing, and safety. Take three steps.

  • Open your own bank account. Use a bank your spouse does not use. Change direct deposit if you can.
  • Review joint accounts. Watch for large or strange withdrawals. Save copies of all statements.
  • Check your credit. Get free credit reports from each major bureau once a year. Look for accounts you do not know.

If you fear your spouse may drain accounts, talk with your lawyer about safe, legal options. Do not move or hide money without legal advice. Courts punish that behavior.

5. Compare life before and after divorce

The table below gives a sample view of how money can change. Your numbers will differ, but the pattern is common.

CategoryBefore divorce (combined)After divorce (you alone) 
Monthly income$6,000$3,200
Housing costs$1,800$1,400
Utilities$300$220
Childcare$600$800
Debt payments$700$500
Food and household$700$500
Savings$400$80

Use your own numbers to fill out a similar table. This shows where you must cut, where you must ask for support, and where you may need extra work or training.

6. Plan for children and shared costs

Money choices affect your children. Try to keep their daily life steady.

  • List all child costs. School, clothes, activities, medical care, and childcare.
  • Think about who can cover health insurance and how you will split unpaid bills.
  • Track who currently pays for what. This record can support talks about support or custody.

Child support rules vary by state. Your court or state child support agency site can show formulas and tools. Print or save these rules before you file.

7. Watch taxes, insurance, and retirement

Divorce changes taxes, benefits, and long term security.

  • Taxes. Filing status, child credits, and who claims children can change refunds or bills. Ask how support and asset splits may change your tax bill.
  • Health insurance. If you use a spouse plan, learn your options through work or the Health Insurance Marketplace. Plan for gaps.
  • Retirement. Splitting a pension or 401(k) often needs a special court order called a QDRO. Mistakes can cost you money.

These topics are complex. A tax professional or financial planner who works with divorce cases can help you avoid costly errors.

8. Set clear goals for your legal strategy

Your money plan should guide what you ask for in the case. Before you meet with a lawyer, write three lists.

  • What you must have to stay safe and stable
  • What you would like but can give up
  • What you can trade to reach agreement

Bring your lists, budget, and documents to your first meeting. This lets you move straight into strategy. You can then work with your lawyer to seek a fair split and support that match your real needs, not guesses or fear.

9. Take small steps and keep records

This process hurts. Yet each small step gives you more control. Keep a simple notebook or digital log.

  • Track all money you spend for the home and children.
  • Note any sudden changes in income or spending by your spouse.
  • Save emails or texts that show money decisions.

Clear records can support your case. They also help you see progress when your energy feels low. Each document, each list, and each choice brings you closer to a stable life after divorce.

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