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Which Financial Professional is the Right One to Use in Divorce
Which Financial Professional is
the Right One to Use in Divorce?
By
Lee Slater, MBA, CDP
Divorce Financial Planners (DFPs)
Versus
Certified Public Accountants (CPAs)
Traditionally, financial planners work with individuals at
the conclusion of the legal process. However, financial planners with additional
training in the financial, tax and emotional issues of divorce (Divorce
Financial Planners) can be extremely valuable during the divorce process.
Financial planning provides a structured approach to the
analysis of an individual or family’s total financial picture. Divorce
Financial Planners integrate the proven methodology of financial planning
directly into the divorce process. As the recognized experts in personal
finance, financial planners bring the following capabilities to the divorce
process:
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a
comprehensive knowledge of individual finance
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a
client-centered approach
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a
forward-thinking perspective
Comprehensive Knowledge of Individual Finance
The financial planning process begins with gathering of
data and coordination of financial information with other professionals such
as stockbrokers and business accountants to produce a complete analysis of the
current financial position. The resulting report includes budgeting and
expense management, income tax, insurance, employee benefits, assets and
liabilities, investments, retirement planning, educational planning and estate
planning.
One of the main differences between accountants and
financial planners is that accountants work in a much more limited sphere.
CPAs are recognized for their expertise in auditing and income taxes. In
divorce, CPAs excel in valuing businesses, professional licenses and degrees
as well as forensic business accounting. In contrast to accountants, financial
planners have broad expertise in personal finance and are a resource for the
myriad of financial questions and strategies that arise in divorce.
To illustrate the varied work that Divorce Financial
Planners perform in the divorce process, the following are examples of the
diverse services offered:
Initial Review
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Document
marital standard of living through historical spending patterns
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Compile,
organize and value assets and liabilities
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Review
tax returns and financial statements
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Examine
psychological attitudes toward money
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Review
and prioritize goals
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Estimate
immediate needs
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Track
money flows through brokerage statements
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Review
employee benefits plans
Negotiation
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Help
clients understand, evaluate and negotiate settlement proposals
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Tax
impact settlement proposals
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Minimize
taxes through the efficient allocation of personal and real estate tax
deductions
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Develop
realistic post divorce budgets
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Set up
10/15 year post-divorce cash flow projections
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Calculate
appropriate amounts of life insurance to guarantee support payments
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Calculate
value of marital versus separate property of IRA, 401K & pension
accounts
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Review
retirement and educational funding plans
Trial
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Testify
before the courts in many states on issues of personal lifestyle, cash
flow needs and workability of settlements.
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Design
a PowerPoint presentation explaining complex financial issues for use
by client’s attorney before the court
Post-Settlement/Trial
Post Divorce
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Set up
budgeting and money management systems
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Implement
financial plans
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Monitor
results and update financial plans
Through comprehensive knowledge of personal finance,
Divorce Financial Planners provides answers to many diverse questions thereby
increasing the productivity of matrimonial attorneys and reducing the
uncertainty that impedes divorcing clients from making decisions.
Client-Centered Approach
Since clients’ resources are limited, a key strategy
in Divorce Financial Planning is helping clients prioritize goals. Financial
planners take the time to get to know clients and to understand each client’s
financial needs, goals, knowledge of personal finance and, equally important,
psychological attitudes toward money. In order to improve my skills in this
area, for example, I have read numerous books and articles on the psychology
of money. A second objective of the financial planning process is increasing
client’s knowledge of personal finance. Part of a financial planners job is
to explain how different financial vehicles work, set up systems to provide
budgeting feedback and help the client become aware of negative spending
patterns.
The financial decisions that clients make in divorce are
often the most important financial decisions they will make in their lifetime.
During negotiations, financial planners help clients evaluate settlement
proposals and suggest alternatives helping clients to make informed decisions.
By understanding the financial issues at stake in maintaining their
lifestyles, individuals become empowered to make important decisions to
complete their divorce.
Financial planning is responsive to the multifaceted
needs of people undergoing divorce, whereas accountants may be focused only on
forensic and valuation issues.
Forward-Thinking Perspective
The third quality of financial planning is its
orientation toward the future. Planning for the future is an essential part of
every divorce and fundamental to financial planning. Settlements that look
fair initially may become inequitable or unworkable over time. A standard part
of the financial planning process is the projection of future results. For
instance, financial planners project retirement income into the future in
order to calculate the annual contribution necessary for a desired
post-retirement lifestyle. Divorce planners are cognizant of how a person’s
financial situation can change over time and produce ten-year cash flow
projections of settlement proposals in order to check long term workability.
Accountants have a different orientation. They are
trained to look backwards, auditing payments and cash flows, and preparing tax
returns or financial statements based on events that occurred in the past. A
client going through divorce tends to be looking backwards at a plate of
broken dreams, wondering what went wrong, whose fault it was, why the future
that was planned now won’t happen. Turning a client around to face forward
and then structuring his or her financial life for what lies ahead is the very
essence of financial planning, but has little to do with accounting.
Summary
Since divorce involved primarily financial issues, it
makes sense to have an expert in personal finance as part of the divorce team.
CPAs have an orientation toward historical data rather than planning for the
future leave a large gap in the continuum of expertise needed by both
attorneys and clients.
Including Divorce Financial Planning in the divorce
process in addition to a CPA will set a higher standard of matrimonial
practice and more efficient utilization of attorneys’ time. Attorneys can
save much of the time they spend on financial detail; clients obtain a more in
depth understanding of their financial options and save on professional fees
since hourly rates for professional planners are lower than CPAs. The benefits
gained by utilizing a divorce financial planner more than outweigh the
expenses and permit attorneys to work more efficiently.
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