S8 Ep95: Should I Stop Contributing to 401k Before Divorce?
Divorce Fast & Easy In Michigan
Release Date: 10/17/2025
Divorce Fast & Easy In Michigan
#ChooseGoldman Yes, you can modify a divorce decree after it's finalized, but it's not a simple process. You must prove to the court that a "significant change in circumstance" has occurred, and the court will be hesitant to undo its final judgment. • You must show a "significant change in circumstance" for the court to consider modifying a final decree. • The court is hesitant to undo a judgment that required significant negotiation and was already finalized. • If both parties mutually agree to a small change, the court is likely to approve it quickly. • For major changes, such as...
info_outlineDivorce Fast & Easy In Michigan
#ChooseGoldman In Michigan, the law is very clear about what happens to an engagement ring if a wedding is called off. This discussion explains the concept of a "conditional gift" and how it applies to this common family law question. • An engagement ring is considered a conditional gift in Michigan. • The "condition" tied to this gift is the marriage itself. • If the marriage does not happen, the ring must be returned to the person who gave it. • The law does not consider who was at fault for ending the engagement. • If you get married, the condition is met, and the ring becomes the...
info_outlineDivorce Fast & Easy In Michigan
#ChooseGoldman Handling a divorce when young children are involved is especially challenging. Akiva Goldman shares essential steps to protect your kids, including maintaining routine, shielding them from conflict, and creating a clear parenting plan to minimize their stress. • Shield your children from all parental conflict; handle disagreements when they are not around. • Prioritize routine and stability by keeping familiar daily schedules consistent. • Create a clear, predictable parenting plan so children always know when they are with each parent. • Reassure your children that both...
info_outlineDivorce Fast & Easy In Michigan
#ChooseGoldman A child's wish not to see a parent is only one factor the court considers. A judge must determine the *reason* for the refusal (e.g., preference for a "Disneyland" parent vs. genuine fear) and what is truly in the child's best interest. • A child's preference is only one factor the court considers; it does not automatically outweigh other factors. • The court analyzes the child's age, maturity, and the reason for their preference. • The court's primary duty is to decide what is in the "best interest of the child," which isn't always what the child wants. • To modify...
info_outlineDivorce Fast & Easy In Michigan
#ChooseGoldman Preparing for a divorce can be confusing. Learn the key first steps to take, from gathering documents to setting your goals, to protect yourself and your family. • First, gather all your financial documents, like tax returns and bank statements, before you file. • Second, clearly figure out your goals and objectives regarding the children, the home, and the assets. • Consult with an attorney early in the process to get guidance and build a framework for your case. • One important tip: Do not move out of the marital home unless your lawyer explicitly tells you to. •...
info_outlineDivorce Fast & Easy In Michigan
#ChooseGoldman Co-parenting with an ex you can't stand is a common problem, but the court expects you to manage it. Learn practical tips to avoid drama and focus on what's best for your child. • Keep all communication strictly child-focused to avoid personal drama. • Sticking to the parenting schedule is the rule, not the exception; monkeying with the schedule causes drama. • Use court-approved apps for written-only communication to reduce emotional conflict. • Be reasonable about occasional, necessary changes to the schedule, but don't make it a habit. • Never bad-mouth the other...
info_outlineDivorce Fast & Easy In Michigan
#ChooseGoldman It's a shocking but common problem: people believe they are divorced, only to find out years later that they are still legally married. A divorce is only official when a judge signs the final Judgment of Divorce. • You are not divorced if a judge has not signed a final Judgment of Divorce. • Relying on an ex to file paperwork is a common reason divorces are never finalized. • A signed agreement between you and your ex is not enough; a judge must sign the order. • Court cases can be "dismissed for nonprogress," meaning the divorce never became final. • Always confirm...
info_outlineDivorce Fast & Easy In Michigan
#ChooseGoldman While courts nationwide support joint custody, it requires cooperation. If parents constantly fight, a judge may reverse the decision and grant sole custody to one parent, which is a major risk. • Courts nationwide generally support joint custody to keep both parents involved. • Joint custody (both legal and physical) only works if the parents can cooperate and make decisions together. • If parents fight constantly, a judge may view the joint arrangement as a mistake and switch it to sole custody. • Once a judge decides to switch to sole custody, it is uncertain which...
info_outlineDivorce Fast & Easy In Michigan
#ChooseGoldman Does being a stay-at-home parent automatically help or hurt your custody case? The court's decision isn't based on the title, but on what is in the "best interest of the child." • The court's primary focus is *only* on what is in the best interest of the child. • Being a stay-at-home parent can be a strong positive, especially if the children are young and need stability. • The *status* of being a stay-at-home parent alone does not guarantee a positive or negative outcome. • A nurturing stay-at-home parent who supports the child's well-being is viewed positively. • A...
info_outlineDivorce Fast & Easy In Michigan
#ChooseGoldman While Michigan law allows you to represent yourself in a custody case, it's strongly advised against. The process is highly technical, and mistakes can have major, negative consequences for you and your child. • You are legally allowed to represent yourself in most custody cases, as the court does not forbid it. • However, it is "absolutely not" recommended because custody is a serious matter with major consequences, not a minor issue. • The process is very technical, and you can easily make mistakes that worsen your situation. • Lawyers understand the technical Michigan...
info_outline#ChooseGoldman
When facing a divorce, many people consider altering their financial strategies, including stopping 401k contributions. In this episode, our attorneys discuss why this might be a detrimental move and how courts view such actions.
• Stopping your 401k contributions can be viewed by the court as an attempt to manipulate your income in anticipation of divorce.
• The money that is not contributed to your 401k is still considered marital income, it just becomes taxable to you immediately.
• Generally, you do not gain a strategic advantage by pausing your regular retirement contributions, as the funds are still subject to division.
• All income earned during the marriage must be accounted for, regardless of whether it goes into a retirement plan or a bank account.
• It is almost always advisable to maintain your normal financial habits until you have consulted with your family law attorney.
Download Divorce & Custody Survival Guide. Click here:
https://akivagoldman.com/free-legal-ebook/
Schedule Your Complimentary Phone Consultation:
https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428
For more information: https://akivagoldman.com/michigan-divorce-lawyer
For additional information, watch these videos:
Should I Stop Contributing To My 401(k) If I know I Am Going Get Divorced - https://www.youtube.com/watch?v=krtqjcUVa6E
Should I Cash Out My 401(k) Before Filing For Divorce - https://www.youtube.com/watch?v=qXuPnaWafQY
Visit us at ChooseGoldman.com
#Goldmanandassociateslawfirm #ChooseGoldman #ChooseGoldmanLaw #FamilyLaw #DivorceAdvice #MichiganLaw #FinancialPlanning #Retirement