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Investing Post-Divorce

By Martin M. Shenkman and Charles Lieberman
August 01, 2006

Most clients are shell-shocked following the conclusion of their divorces, but that is one of the most critical times for them to get their lives back on track. Failing to overhaul their financial, estate, insurance and related planning in light of post-divorce realities can have tragic consequences. Too often, once the divorce itself is finalized, practitioners assume their responsibilities are over. While that may be the case, a little guidance to the client as to how to proceed with the rebuilding process can have a tremendous and lasting impact.

Introduction

A key issue to address in this evaluation is the client's investment posture. This article provides an overview of many of the issues, stumbling blocks and action steps to consider. Evaluating the client's portfolio must be done in the context of his or her income, living expenses, and asset base. Much of these data are already available and current as a result of the case information statements, settlement agreement exhibits, and other documents used in the divorce. The client must be directed to evaluate and rethink these data because the post-divorce environment is generally radically different from that which preceded the divorce. Since the existing decisions regarding the holdings in the portfolio were made under those pre-divorce assumptions, most or all of which have changed, the investment decisions should be updated accordingly.

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