PartWise | Common Questions

Common Questions

What you Need to Know

Find answers to specific questions that often come up as you navigate divorce.

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Legal

Cash Flow

My ex just took a new job and makes substantially more money than when we were divorced, do I have a right to more in spousal support?

Retirement

Property Division

Why are retirement accounts different than other assets in divorce?

Post Divorce

Property Division

Can I start my own accounts for the benefit of the children after the divorce?

Parenting

How can we handle transportation logistics if one parent lives significantly farther away from the child’s school or extracurricular activities?

Financial

Cash Flow

How are direct payment arrangements established in a divorce?

Parenting

What steps can we take to make the introduction of a new significant other as smooth and positive as possible for our children?

Parenting

I want to introduce my child to my new significant other, why should I wait?

Retirement

Property Division

What does "tax-effecting" retirement mean?

Cash Flow

In a cash flow analysis, what if I only work part-time?

Budgeting

Cash Flow

Should our budgets moving into separate homes add up to our historical budget in one home?

Process

Cash Flow

Can a lump sum buyout agreement be modified in the future?

Retirement

Post Divorce

Property Division

How does the timing of the QDRO submission affect retirement asset division?

Retirement

Post Divorce

Property Division

What happens if my ex-spouse refuses to cooperate with the QDRO process?

Financial

Cash Flow

How can spouses ensure a fair and equitable lump sum buyout agreement?

Parenting

How can we ensure that both parents are informed about the children’s medical needs and treatments?

Asset Allocation

Property Division

What if I moved my separate assets into a joint account?

Parenting

How do I handle concerns about unsafe guests or influences at the other parent's home?

Parenting

We have a week on/week off parenting schedule, but it’s too long to be away – is there anything I can do?

Parenting

What should we do if we disagree on a specific medical treatment or intervention for our child?

Legal

Readiness

What is the difference between divorce, separation and annulment?

Financial

Cash Flow

Are there cost of living increases to child support?

Retirement

Property Division

Post Divorce

Can I cash out retirement once transferred to me from a qualified retirement plan instead of setting up a separate account?

Post Divorce

What if my divorce decree does not include a name change provision?

Parenting

How can I determine the right time to introduce my children to my new significant other to ensure it is in their best interest?

Asset Allocation

Property Division

Are our wedding rings marital or joint assets?

Asset Allocation

Property Division

Is my engagement ring a marital or joint asset?

Parenting

How should we handle situations where our children are struggling to adjust to a new significant other in one of our lives?

Financial

Cash Flow

What are some potential risks or downsides of accepting a lump sum buyout?

Attorney

Getting Started

Attorneys

Will I lose my retainer if I don’t want to work with my attorney anymore?

Asset Allocation

Property Division

Will I have to share my business with my spouse after the divorce?

Asset Allocation

Property Division

How is a signing bonus typically treated in a divorce settlement?

Process

Cash Flow

Can direct payment arrangements be modified after they are established?

Process

Getting Started

Process & Other Professionals

How do I find a mediator if my spouse and I don’t agree?

Asset Allocation

Property Division

I didn’t know we incurred debts during the marriage, am I still responsible for them?

Financial

Property Division

I have been secretly saving money that my spouse doesn’t know about, can I keep all of it?

Financial

Cash Flow

What types of expenses can be paid directly as part of support in a divorce?

Financial

Cash Flow

Instead of paying spousal maintenance, can I make my ex-spouse’s house payment?

Financial

Property Division

What is the difference between a credit score and a credit report?

Cash Flow

How do I account for pre-tax deductions from my income in a cash flow analysis?

Financial

Cash Flow

Property Division

How are cash flow and property division connected?

Parenting

What legal steps can we take if one parent makes unilateral decisions without consulting the other?

Parenting

How do divorced parents typically handle children’s birthdays?

Parenting

We don’t have travel or vacation time built into our parenting plan, can I plan a vacation with the children?

Process

Cash Flow

How can disputes over direct expenses be resolved in a divorce?

Financial

Cash Flow

Are property division and cash flow the same thing?

Parenting

How do we handle situations where one parent wants to discontinue an activity that the other parent and/or child enjoy and find beneficial?

Attorney

Getting Started

Attorneys

What if I don’t have money to pay my attorney?

Retirement

Post Divorce

Property Division

Can retirement benefits be adjusted after the QDRO is implemented if there are errors or changes?

Financial

Cash Flow

What should I consider before agreeing to a direct payment arrangement in my divorce?

Parenting

What do we do if there is an unscheduled no school day, like a snow day?

Process

Getting Started

Attorneys

If I don’t have an attorney, do I have to go in front of a judge to obtain a divorce?

Parenting

What is the role of a parenting consultant in resolving co-parenting disputes?

Legal

Property Division

We never combined any of our assets, do we still have to share them in divorce?

Financial

Cash Flow

I earn more than my spouse, can I request spousal support?

Legal

Property Division

Do I have to share my inheritance?

Asset Allocation

Property Division

Can I use my bank appraisal from a mortgage refinance to establish a value of the house for divorce?

Getting Started

Readiness

What do I do if my spouse and I have very different levels of divorce readiness?

Parenting

Should we coordinate gift giving on birthdays and holidays post-divorce?

Parenting

How can we ensure that our children understand and respect the rules and expectations set by both parents when they might be slightly different in each household?

Asset Allocation

Property Division

What is the difference between a year-end bonus and a performance bonus?

Parenting

What should we do if one parent’s work schedule frequently conflicts with attending important school or medical appointments?

Cash Flow

What if my bonus isn’t guaranteed - will it affect cash flow?

Asset Allocation

Post Divorce

Property Division

How do we divide frequent flyer miles or reward points after divorce?

Attorney

Getting Started

Attorneys

Do attorneys accept credit card payments?

Property Division

What valuation date should be used for the final property division?

Process

Parenting

What are the benefits of using a parent coordinator in a high-conflict co-parenting situation?

Parenting

I would like my child to take swimming lessons, I want her to take lessons at the local community center that costs $100 a session and my co-parent wants to go to a private swim school for $500 a session. I cannot afford this – what should we do?

Asset Allocation

Property Division

Can we split our credit card debts in half?

Property Division

What is dissipation of marital assets in a divorce?

Process

Getting Started

Process & Other Professionals

Do I have to start over if the collaborative process is terminated?

Post Divorce

What if I encounter resistance or confusion when updating my name with certain institutions?

Financial

Cash Flow

In a cash flow analysis, what if I don’t earn regular income but am all or mostly paid on commissions?

Parenting

I lost my job and found a new job out of state, how will my parenting schedule be impacted if I have to move?

Parenting

Is Winter Break or Spring Break treated as holidays or a no-school days for purposes of the parenting plan?

Retirement

Property Division

What about a loan against my retirement?

Parenting

In the event of a sick day, what measures can we put in place to ensure our child receives adequate care and attention, considering both parents may have differing work schedules or responsibilities?

Cash Flow

How do I calculate my income if I am paid hourly?

Parenting

What role should a new significant other play in our children's lives, and how can we set appropriate boundaries?

Asset Allocation

Property Division

What are some potential challenges with dividing employee incentives like stock options and RSUs in divorce?

Budgeting

Cash Flow

Do we need a budget if we both have sufficient income to meet our reasonable need?

Retirement

Post Divorce

Property Division

Can retirement assets be divided without a QDRO if both parties agree?

Cash Flow

Do I have to document what I spend my child support payment on?

Financial

Property Division

How does divorce affect my credit report?

Parenting

What should we do if one of our extended family members has a history of inappropriate behavior or substance abuse?

Asset Allocation

Property Division

What should be reviewed to accurately assess the value of stock options or RSUs in divorce?

Parenting

If one parent wants the children to participate in a specific religious activity and the other does not, how can this be resolved?

Budgeting

Cash Flow

We lived in a $500,000 house during our marriage, do I have a right to another house of that same price moving forward?

Attorney

Getting Started

Attorneys

Why would an attorney not meet with me for a consult?

Parenting

My co-parent is taking the children out of town for a week on an agreed-upon vacation, should we make up my missed time when they return?

Parenting

What steps can we take if one parent consistently fails to communicate about important decisions or events?

Parenting

What are some effective ways to communicate and enforce consequences for major infractions when the children transition between our two homes?

Asset Allocation

Property Division

What happens to my frequent flier miles in divorce?

Getting Started

Readiness

What if my spouse doesn’t want a divorce?

Parenting

If my co-parent disagrees with the timing of introducing a new significant other, what steps can we take to reach a consensus?

Parenting

How can I discuss the introduction of my new significant other with my co-parent to ensure transparency and cooperation?

Process

Parenting

How does arbitration differ from other ADR methods like mediation in resolving parenting disputes?

Parenting

What resources are available to support me/us in creating a parenting plan?

Parenting

How do divorced parents typically handle a parents’ birthday?

Financial

Cash Flow

How can direct payment arrangements affect taxes in a divorce?

Asset Allocation

Post Divorce

Property Division