Reasons Why You Must Plan Your Divorce Exit Strategy

If your spouse is not working make sure they get a job before you start a divorce action. Why? Because the more he or she makes, the less money you have to pay in maintenance (ie. alimony). That’s a good reason to have an experienced attorney to look at your specific situation and then make good recommendations so that when the divorce action starts you’re in a more advantageous financial position. A little bit of knowledge and guidance can be very helpful.

The same goes for acquiring assets and money – you don’t want to buy a lottery ticket until after the commencement of a divorce action (with post commencement monies) because if you buy the ticket before then, you’ve used marital funds to purchase the lottery ticket and you have effectively given your spouse one half of your winnings.

There are many good examples to show why you need an experienced matrimonial lawyer to review the facts and plan in advance for a divorce. Similarly, if you learn that your spouse wants a divorce, you should immediately consult with an experienced matrimonial attorney to protect your rights.

Question: So then retaining a divorce lawyer would be advantageous for either spouse?

Yes. It’s about putting yourself in the best position, financially or otherwise. Let’s assume that custody is contested. If you’re a woman what you want to establish yourself as the primary caretaker of the child. You don’t run off to work and leave the kid with a nanny. If that’s not economically possible, you still want to ensure that you have a primary role in raising the child(ren). Similarly, if you’re the husband, you want to make sure that you’re actively involved in the lives of your child(ren) before you start the divorce action in the event there are disputes about custody and/or visitation. It is about putting yourself in the most advantageous position, financially and otherwise. It’s knowing what pitfalls to avoid. You can get some information on the internet, but you need something that is tailored specifically to your jurisdiction, not just the State but the County in which you reside, because judges have differing interpretations of the law in different counties, and sometimes within the same county. For this reason you need a plan specific to you as an individual.

Written By Michael A Cohen
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