Financially Derailed by Divorce

February 13, 2019 | Colleen O’ Connell-Campbell


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I know, I know. Why would I write about divorce the day before Valentine’s Day? That’s just mean.

Well, to be honest, I wrote last week about trying to find detours around the roadblocks we encounter on the road to financial freedom. Divorce is definitely at least a roadblock, if not a total derailment.

And there are some unofficial statistics out there that suggest Valentine’s Day and the days before and after are turning into one of the busiest times of the year for family law specialists. Because beyond the chocolates, flowers, sappy cards, candle light dinners and romance, Valentine’s Day can be a day of stress and anxiety. A reminder that a relationship is not so rosy.

I’ve been boldly proclaiming that no matter your current state of wealth, you could double your net worth by implementing the Roadmap to Real Riches.

But of course, divorce can derail the best laid plans.

Back in 2006, after observing a high incident of separation amongst clients and prospective clients I pursued an opportunity to gain special knowledge in family law. I acquired the Certified Divorce Financial Analyst (CFDA) designation assigned by the Institute for Divorce Financial Analysts. This does not make me a lawyer, nor permit me to give legal advice; however, it provided me with a more extensive understanding of the family law framework.

Someone who IS a lawyer, and a darn good one, is Katherine Cooligan, the Regional Managing Partner of the Ottawa office of Borden Ladner Gervais (BLG). We chatted a little while ago for the next episode of my podcast I'm a Millionaire! So Now What? (listen & subscribe here).

In her work, Katherine appears before all levels of court including the Superior Court of Ontario and Ontario Court of Appeal. In addition, and as an adjunct to her litigation practice, Katherine negotiates, drafts and reviews all forms of domestic contracts, including marriage contracts, cohabitation agreements and separation agreements.

So just in time for the Hallmark Holiday, I'm a Millionaire! So Now What? brings you a practical, unromantic and highly informative interview with Katherine Cooligan.

Katherine has seen some unfortunate instances where failing to get advice before getting married had a very unfair impact on one spouse -- an unfair advantage that at the time of marriage, neither one of them would have wanted. It’s fascinating to hear.

Katherine compares a marriage contract to car insurance. Nobody gets in a car expecting to get hurt, but you’d never drive without insurance! Katherine sees a marriage contract as asset insurance. Obviously, no one plans to get a divorce in the midst of getting married, but one of the most loving and caring things you can do is be prepared…

And the time to figure out asset appropriation is when you’re happy and friendly.

Other points Katherine shares in our conversation:

  • A marriage contract (commonly known as a prenuptial agreement) can be written up at ANY time during a marriage. Ideally when everyone wants the best outcome for all.
  • You have different rights in a marriage than you do living common law.
  • It may be significant how you spend and invest inheritance while married.

Tune into our discussion (EP 33)

Katherine is willing to share more wisdom – so send me your questions. I’ll collaborate with Katherine to bring you answers in future episodes and articles.

And in the meantime, I really DO have a romantic side. Pull your loved ones close this week and use this February 14th as an excuse to say ‘I love you’ twice as often as you usually do.