Major purchases can prove to be a major headache when it comes to divorce. Here's how, and what you can do to stop it.

2. Divorce can be intricate and tricky, especially in regards to the division
of property. Different states handle this part of the process in different
manners. When it comes to breaking up assets, Washington, for
example, is a community property state, where resources, or debts, are
split equitably between both parties. As this is the situation, you may
want to hold off making any big purchases until your divorce is
finalized as they can have a substantial impact on your case.

3. Community property is a fairly straightforward concept. In this mode, all assets acquired
during a marriage, even things that may be held in one individual’s name, are considered to
belong to both spouses. In the case of divorce, this means that it can all be divided in an
equitable fashion between both of you.

4. This doesn’t mean an even split, just that the division will be handled so
each party comes out on relatively even footing. Spouses can work with
each other, with mediators, or with the court, to come to an agreement on
how to divvy up the shared assets in a way that is fair and balanced for all.

5. Divorce comes with a number of expenses. This includes attorney’s fees, court costs, changes
in tax status, and more. There are, however, other expenditures that may play a part. Maybe
you need a new car to shuttle the kids around, a new place to live, or furniture to fill your new
home.

6. If you make a big purchase while your divorce is pending, in some
circumstances, under community property statutes, this may be included
when it comes to the division of property. There are factors that will come
into play in this ruling, like financing, where the funds to make the
purchase originated, and what you actually bought.

7. Depending on what you buy, it may even look bad for you in the eyes of the court. For
instance, if you’re fighting about things like child support or spousal support, claiming you
can’t afford to make payments, buying expensive items may raise some questions. It’s one
thing if you upgrade to a safer, more reliable car in which to transport your children, or buy a
couch for your new home. If you run out and drop a bunch of money on a new speed boat,
however, you may have some explaining to do.

8. Just as any big purchases you make may impact your divorce proceedings,
so, too, can those made by your spouse. If your soon-to-be ex-wife claims
that she needs spousal support, but buys an unnecessary or impractical
new car, or something of that ilk, it may reflect poorly on her case.

9. If you’re worried about your spouse spending communal money on big-ticket items, it may be
possible to prevent this from happening. In some cases, you can convince the court to
implement a temporary financial restraining order. While this measure still allows for the
purchase of normal, regular necessities, when it comes to more substantial expenditures made
from shared funds, it requires the approval of both parties.

10. The fact that Washington is a community property state may impact how
the court views purchases made while your divorce is pending. Where the
money spent came from may also color how they look at and classify
purchases.

11. If you or your spouse use shared funds to pay for an item, it will likely be looked at as a
community asset and may be taken into account when the court rules on the distribution of
property. What this usually means is that, if your spouse spends a significant sum on material
goods, you will likely be given a larger portion of the remaining assets in order to offset the
new acquisition. The opposite may be true if you are the one spending money in this fashion.

12. While this is the case if a purchase is made with joint funds, if separate
assets are used, the item may be approached in a different manner. For
example, if your spouse used premarital reserves, it will most likely be
looked at as independent property.

13. Along the same lines, each spouse’s income may be considered an individual resource, and
any purchases made with that money will likely also be looked at as autonomous. In
Washington, however, the court does have the power and authority to use such separate
property, and may divide it between spouses to achieve a more equitable end result.

14. Most major purchases are financed, and while it may look like your spouse
is spending recklessly during your divorce, that may not be the case.
Whether or not any such purchases may be included in the division of
property can vary a great deal on a case by case basis.

15. If a down payment came from joint funds, the court may consider this when it comes to
splitting up assets. It may be viewed as pre-divorce property and treated as such. On the other
hand, if that same down payment came from an individual source, the court may very well opt
to ignore this and award the item in question, and any future payments, to the purchaser.

16. It’s also worth noting that divorce does not change any loans or contracts
that you and your spouse entered into while married. If you bought a car
or house, have regular payments, and both of your names are on the
financial documents, the terms still apply equally to both of you. Just
because you split up doesn’t automatically alter any preexisting deals.

17. In the division of property, one party may be ordered to take care of a particular payment.
Your name, however, will remain on the record. If any payments are missed, it can negatively
impact you and your credit score.

18. In situations like this, if your spouse is awarded a house, car, or another
high-value item you’re still paying off, your best bet is to have your ex
refinance and remove your name. This can even be written into the final
divorce agreement, that your spouse needs to rework a particular loan
by a specific date. It is definitely worth being aware of as this is an issue
that can have a sizeable impact on your finances.

19. While it will likely be necessary to make some significant purchases during your divorce,
understanding how they may influence the process is important. Remember, if you buy
something during your divorce, in Washington, there is the possibility of losing it in the
distribution of property.

20. There are ways to ensure that such purchases cause as little havoc as
possible. It’s simple, really, stay away from impulse buys, think spending
through in a calm, logical manner, and stick to necessities. If you absolutely
must buy a big-ticket item with community funds while your divorce is
pending, talk to your attorney or work out a deal with your spouse.

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