Article
Ensuring safety
after the split
You don't have to get divorced from all financial security
by Becky Bell
This article was first published in the Texarkana Gazette June 29,
2006.
(Editor's note, August 25, 2008: Tim McNamara is now the co-founder of New England Divorce
Solutions and owner of McNamara Capital, located in Boston, Mass.)
Planning for a financial future is a challenge, but when
something as major as a divorce happens, a person can be left emotionally and financially
drained.
This is something that Lisa Shoalmire of the Ross &
Shoalmire law firm in Texarkana deals with daily . About 70 percent of her time is devoted
to dealing with divorces, so she often works with older clients whose financial futures
are perhaps more significantly affected by divorce.
"Frankly I am seeing more and more clients, not
necessarily in their 50s, but lots of them in their later 40s who don't have time to get a
whole new life," Shoalmire said. "These are not people who get divorced at 24
after a starter marriage."
While Shoalmire said many younger clients can simply walk
away from the marriage with the hope of another opportunity to better themselves
financially, older people who have spent the bulk of their working life married often face
deep financial troubles due to divorce, particularly if one partner has less education and
less earning potential.
With more riding on the bottom line for people who are
older and going through a divorce, some are creating a network of people to help them
through the process.
Dustin Stringer, an investment representative with Edward
Jones, said it is important for someone to seek professional legal help when going through
a divorce.
"Once that is done, they need to make sure and not
withdraw anything until they have discussed their options with a local investment
representative," Stringer said.
A common mistake people make dealing with
financeswhether going through a divorce or notis taking advice about money
from people who have no specific training in dealing with money, he said.
"You don't want to go to the grocery store and talk
about these things. Many times people turn to someone or talk to someone they can relate
to, or someone they feel like is successful but sometimes people who are very successful
at their profession are still not able to manage money matters," he said. "A lot
of people know how to make money but don't know how to make their money make money."
"You don't want to go to the grocery store and talk
about these things. Many times people turn to someone or talk to someone they can relate
to, or someone they feel like is successful but sometimes people who are very successful
at their profession are still not able to manage money matters," he said. "A lot
of people know how to make money but don't know how to make their money make money."
Sometimes people going through a divorce immediately
think paying off all their debt is the right approach, but that isn't always the case, he
said.
"They tend to pay off all their debt due to fear,
and sometimes that is not in their best interest," he said. "Some debt is good
debt. People need to take their time and not make the decision when you are emotional.
They need to have someone as a soundboard who they can bounce ideas off of."
Besides an attorney and an investment representative,
sometimes people have the need for even more assistance when going through a divorce.
These days, some hire a neutral party a certified divorce financial analyst
(CDFA)to scrutinize the financial statements of the relationship and come up with a
solid plan.
Hiring a CDFA is not a replacement for hiring an attorney
or a mediator; rather, they work together to benefit the client.
"It's very important, when going through a divorce,
to surround yourself with experienced experts such as the invaluable matrimonial attorney,
mediator and therapist," said Timothy
McNamara, a CDFA who owns McNamara Financial Strategies
Group of Wachovia
Securities in Waltham, Mass. "I know first-hand just
how financially devastating the crisis can be. That's why I strive to help others avoid
financial destruction in situations like this."
McNamara has managed money professionally for the past 16
years. After his own divorce in 2001, helping others with financial struggles became a
passion.
"I felt that I wanted to give back a little bit
more," he said. "This allows me to help someone with more than just raising
their (financial gains) a point or two in the (S&P 500Index). I wanted to help people
in this area of divorce because it is a really difficult time.
People are gripped by the paralyzation of fear both
personally and financially. For me this is a way to be able to give back and resolve their
financial concerns before it is too late."
A certified divorce financial analyst scrutinizes the
financial backgrounds of a client to create informative spreadsheets that help the
matrimonial attorney discern a client's financial status. CDFAs gather and sort through
the mountains of financial statements that include years of tax returns and months of
check registers. All this is done in an effort to prepare the most important document in a
divorcethe statement of net worth.
"If a client's divorce goes to trial, this is the
most important document ever prepared in the eyes of a judge who will be reviewing this
one piece," McNamara said. "Often attorneys try to prepare this document
themselves or, even worse, delegate it to their paralegal staff who has no training in
divorce finance and does not know what to look for with every number being entered on a
line."
McNamara said a qualified CDFA will look at everything,
including personal and businesstax returns, dividing pension plans, continued health care
coverage and stock options. McNamara points out is that lawyers are experts in law, not
finance. Many people are learning how important it is to hire a qualified analyst to
thoroughly investigate the financial situation during a divorce.
"Most individuals, even those who are financial
savvy, don't make good financial decisions during this trying period of their lives,"
McNamara said. "In fact, in that situation, most individuals make such poor decisions
that they feel the effects for the rest of their financial lives."
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