Request a Consultation
Our Latest Blog
Divorce, Equitable Distribution, Uncategorized

Why file for divorce now?

Why file for divorce now?

Why file for divorce now?

The answers may surprise you.

Jeff J. Horn – Divorce Lawyer

File for divorce now because of:

  • financial trouble
  • extramarital affairs
  • parenting problems
  • poor communication
  • drugs and drinking

Should hurt the feelings from a bad marriage justify filing for divorce now? Maybe. This article is about filing for economic advantage. Work with your family law attorney and think strategically. [The flip side is:

Do not file for divorce now – to harm your finances!]

The marriage ends on the divorce filing date – Rothman v. Rothman –  1974.

Divided benefit Pensions

Pensions are subject to equitable distribution. pensionService time during the marriage  results in a division of the pension to the non-title spouse.  Definitively, marriages end upon divorce filing. Accordingly, the non-title spouse stops accruing pension after the divorce filing date.


Contributory IRA and 401K accounts

File divorce now because every dime you contribute or your employer contributes, during the marriage is subject to equitable distribution. Filing divorce cuts off the other spouse. Hence, every dollar contributed to and added to your IRA / 401K is yours and theirs.

Closely-held business

Ordinarily, one spouse will keep the closely held Business. Hence, the date of evaluation is the divorce filing date. Accordingly, you can grow your business  post divorce filing without sharing.  Imaginative new products and better customer accounts  are all yours, post-filing. Whereas your spouse is limited to the business valuation on the filing dates. Clearly, filing is a simple way to off the growth in value of your closely held business.


If business is on the upswing, file before the peak. On the other hand, if your business is in a down cycle, file at the bottom. dizziness valuation professionals use historical data and averages to value your closely-held business. If your business is on a steep trajectory, the value will be hot. On the contrary, declining businesses translate to lower values.  Consult with your divorce and family law attorney to  decide whether to file for a divorce now.


File for divorce now to limit alimony exposure.

You are likely alimony payer. Of course, you prefer lower alimony for a shorter time frame. Who wouldn’t? By statute, the payment of alimony on marriages under 20 years is capped at the duration of the marriage. For example a 10 year marriage is limited to a maximum of 10 years on alimony. Conversely, marriages of 20 years or longer, expose the payer to open durational alimony.


How about filing for divorce on a very short marriage?


A long marriage exposes

Q1. A short mountains, usually under five years may result in little to no hourly. However to get our ability shortchanged divorce must be filed with the cortex. Importantly, separation time does not matter. By way of example, you can the separated for nine years out of a 10 year marriage. Hence you resided together for only one year. Sounds like a very short rate? Unfortunately, separation does not equal divorce filing.

Separation  does not stop the marriage clock.

On the contrary, sharing contributions to your retirement accounts like 401(k) and IRA plans,  cuts off on the day of filing.


Timing in life is Everything. Why file  for divorce now? this article only addresses pure mercenary, economic advantage.  of course, real life decisions are more than dollars and cents. The take-away, control the aspects of divorce in your power, including filing when the advantage is yours.

Photo by Jon Tyson on Unsplash

Related – Equitable Distribution