Pre-Divorce Planning: Should You Do It?

In the twenty five plus years that I have been an Essex County divorce attorney, the issue of divorce planning is most often raised by individuals who seek a free consultation and also realize that a separation or the commencement of a divorce action is in the near future. The questions I get most often are: “What can I do now to protect my pension?”

How can I get some of our credit card debt reduced?” “Can I put some accounts in my mother or father’s name just until the divorce is over?”

With the exception of reducing credit card debt, my opinion about pre-divorce planning is universally the same with respect to all of it: Don’t do it!! An experienced divorce lawyer will easily trace the paper trail created by liquidating retirement assets, moving bank accounts to third parties (like mom, dad, sister, friend) and, in general, attempting to hide assets which were acquired either before or during the marriage.

As in almost any other case, not just divorce cases, credibility and honesty will play a part in the judicial decisions regarding the equitable distribution of assets, custody, visitation,  child support payments, alimony payments and all of the other issues pertaining to a litigated divorce. It’s best to leave all of the marital assets just the way they were when they were first acquired and leave it an experienced Essex County or Middlesex County divorce attorney to argue the grounds for equitably distributing them between the parties.