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The impact of a high-asset divorce on estate planning

On Behalf of | Jul 19, 2024 | Family Law

A high-asset divorce can significantly affect both retirement and estate planning. In Massachusetts, couples with substantial assets must carefully navigate the division of retirement accounts and estate plans to ensure fair distribution and future security.

Division of retirement accounts

In a high-asset divorce, retirement accounts like 401(k)s, pensions, and IRAs are often subject to division. Courts aim for an equitable distribution, which might not always mean a 50/50 split. 

Factors like the length of the marriage, contributions to the accounts, and each spouse’s financial needs play a role. 

It’s helpful to understand the tax implications and penalties that might arise from dividing these assets. Tax professionals can provide specific guidance in this circumstance.

Impact on estate planning

Divorce necessitates a thorough review and update of estate planning documents. Revise wills, trusts, and beneficiary designations to reflect the new marital status. 

Failing to update these documents can lead to unintended consequences, such as an ex-spouse inheriting assets. Reassign powers of attorney and healthcare proxies to trusted individuals.

Ensuring future financial stability

High-asset divorces can disrupt long-term financial plans. To mitigate this, it’s essential to work with financial advisors and estate planners. They can help develop strategies to protect assets, manage liabilities, and ensure that retirement and estate plans align with post-divorce goals.

Maintaining a clear perspective

While the process can be complex and emotionally taxing, staying focused on the long-term financial picture is crucial. By proactively addressing the division of assets and updating estate plans, individuals can secure their financial future and maintain stability post-divorce.