One
of the biggest challenges faced by accountants is to help a client with their
finances through their divorce proceedings. CPAs are always at a loss when it
comes to offering financial advice or guidance to clients who are on the verge
of divorce.
It’s
very difficult, for example, to offer financial advice to a woman who has been
divorced by her husband after 25 years of marriage and has no way of returning
back to the workforce or earning an income after so many years as a homemaker.
As
accountants, you will want the best for your clients, and you will want to
avoid conflict of interest if you were advising both the husband and wife prior
to the split. You may require a disclosure or a waiver. Divorce is always very
complicated, with legal, emotional and financial ramifications. Let’s talk about
the right way for CPAs to handle a divorce proceeding.
#1:
Address the legal issues related to the divorce first. The first thing you
should tell your client is to hire a lawyer, to handle the legal complexities
related to the divorce. A lawyer’s help is needed if the estate is very
complex. Discuss the pros and cons of hiring a divorce lawyer with your client
and offer a recommendation.
#2:
The next step is to handle the emotional issues pertaining to the divorce.
Divorce is the most stressful event in any individual’s life. If your client
has been struggling very badly with the divorce, ask him or her to seek
counseling from a trained therapist. Offer a recommendation as well.
#3:
Next, it’s time to address the financial issues related to the divorce. Your
technical background as an accountant is very important here and it can make
all the difference to how much your client will get following the divorce. How
successful you are at getting an agreeable outcome will depend on the
willingness of both sides to collaborate. If the other side to the dispute is
being deceitful or withholding information, then you will have to take recourse
to other means, such as hiring a forensic specialist or a private investigator.
Your
role will consist of the following…
Identifying
all the assets –
This could be cash and bank accounts, real estate and retirement accounts.
Mapping
out the living expenses – You will have to map out the client’s living
expenses by taking into consideration their one to three year history and then
projecting those numbers into the future.
You
will need to consider expenses such as having to buy a new residence, buying a
new car or being able to fund for the children’s educational expenses. Also,
you will need to consider the healthcare coverage and provide for any increase
in insurance premiums. Finally, you will need to help your client set up an
emergency fund.
Mapping
out real estate -
Finally, you will need to map out the real estate division. The specific issues
related to the asset division are left to the client, but it’s your job to help
them through the crisis and guide them with the right information.
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