Wednesday, March 24, 2010

Tough economic times

The other day I read an article in the Washington Post that described the difficulties couples are having splitting up. It quoted people who want and need to separate but can't because they can't afford another residence and separate grocery bills, not to mention separate health care insurance after a divorce. That's exactly what I'm seeing in my practice. During the "boom" couples whose houses had appreciated greatly were able to sell the house, and with the proceeds pay off credit card debt, and still have cash left to buy something else or provide a cushion for rental costs. Nowadays, the recession has often devoured the appreciation and left many couples with no equity or facing foreclosure or bankruptcy filing. If anyone thought dividing assets was difficult, compared to dividing debts it seems almost easy.
Despair doesn't seem like a good option, and postponing separation can only work in some situations. What other options are there? I've been impressed with the creativity many of my clients have in coming up with solutions. Some couples are deciding to hold on to the house together for awhile, hopefully until the market improves, even if one partner is living there. Others are offering to co-sign a refinanced mortgage to help the person qualify for a buyout. Some are staying with relatives or friends to save money for a period of time and be able to contribute more to the mortgage payment of the partner staying in the house with children. And several are referred to financial planners and bankruptcy attorneys who can provide expertise in choosing the right option.
Mediation provides a forum for exploring the possibilities. There is still considerable pain in choosing between several unpleasant choices. But at least there is civility and no litigation to drain the already stretched budgets.

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