Family Diplomacy | A Collaborative Law Firm
  • Practice Areas
    • Collaborative Divorce
    • Adoption
    • Divorce
    • Legal Name Change
    • LGBTQ+ Family Law
    • Mediation
    • Prenuptial and Postnuptial Agreements
  • Attorney Profile
    • Adam B. Cordover – Attorney Profile
    • Jennifer Gunnin – Executive Paralegal & Client Care Specialist Profile
    • Isamar Abudeye – Welcome Services Liaison Profile
  • Reach Out to Us
  • Locations
    • Tampa Collaborative Family Law Office
    • Saint Petersburg Collaborative Family Law Office
    • Sarasota Collaborative Family Law Office
  • Education Center
    • Blog
    • Florida Divorce 101 Video Library
    • Free Florida CLE for Lawyers: Learn When to Refer Clients to Collaborative Divorce
    • FAQs
      • Resources
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu
CONTACT US - 813.443.0615
Tax Loss Harvesting Florida Divorce - Family Diplomacy | A Collaborative Law Firm

How Tax Loss Harvesting Can Turn Non-Marital Investments Into Marital Assets

February 9, 2025/in Separate Property, Collaborative Divorce, Marital Assets //Tags: collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, dissolution of marriage, division of assets, divorce, equitable distribution, florida divorce, marital asset, non-marital assets, postmarital agreement, postnup, postnuptial agreement, pre-marital assets, premarital agreement, prenup, prenuptial agreement, property division, separate asset, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam

If you’re an investor going through a divorce, you likely have a keen eye on your finances. You may already be familiar with tax loss harvesting, a strategy that can help reduce your tax bill by selling investments at a loss to offset capital gains. While this technique can be a smart financial move, it can also have unintended consequences in divorce—potentially turning what you thought was your separate, non-marital property into a shared marital asset.

What Is Tax Loss Harvesting?*

Tax loss harvesting is a strategy that can be used to lower your tax liability. For example, if you have investments in a taxable brokerage account that have lost value, you can sell them at a loss to offset capital gains from other investments. This reduces your overall taxable income and can lead to significant tax savings.

There are many rules associated with tax loss harvesting.  For example, you cannot sell a mutual fund at a loss and then immediately repurchase that same mutual fund.  However, one strategy that many investors utilize is to sell one investment at a loss and then purchase a similar, but different, investment.  For example, you might sell VTSAX, the Vanguard U.S. total stock market index fund, at a loss and purchase VFIAX, the Vanguard S&P 500 index fund, which is highly correlated with VTSAX.  The White Coat Investor website has a really good explainer on tax loss harvesting.

Many investors use this approach as part of a long-term financial strategy, reinvesting the proceeds into different securities to maintain their investment portfolio. However, if you are going through a divorce, you must be careful about how and when you execute tax loss harvesting.

*Please note that we are not accountants, financial advisors, or tax lawyers, this information is not intended to provide advice, and this is for educational purposes only.

Read more →

https://familydiplomacy.com/wp-content/uploads/2025/02/Tax-Loss-Harvesting-Florida-Divorce.jpg 1024 1792 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2025-02-09 09:43:282025-02-18 09:05:44How Tax Loss Harvesting Can Turn Non-Marital Investments Into Marital Assets
Kiplinger Prenup Postnup Financial Planning - Family Diplomacy | A Collaborative Law Firm

Kiplinger: “Think of Prenups and Postnups as Financial Planning Tools”

August 18, 2024/in Money & Property, Business, Debt, Separate Property, The House //Tags: postmarital agreement, postnup, postnuptial agreement, premarital agreement, prenup, prenuptial agreementby Adam

In an insightful article in Kiplinger, “Think of Prenups and Postnups as Financial Planning Tools,” Andrew Hatherly, a Chartered Retirement Planning Counselor, delves into how prenuptial and postnuptial agreements are not just for those planning for the worst.  Rather, they can be essential tools in financial planning, particularly for couples marrying later in life. This blog post discusses the contents of article, which you can read here.

When you think of prenuptial and postnuptial agreements, what comes to mind? For many, it’s the idea of planning for a potential divorce. However, these agreements can be so much more than just a contingency plan—they can be crucial financial planning tools that help you and your partner start your marriage on solid ground, especially if you’re marrying later in life or have substantial assets.

Why Consider a Prenup or Postnup?

In today’s world, where financial independence is increasingly important, prenups and postnups (which is like a prenup, but it is signed after you are already married) offer a clear framework for managing your assets. Whether you’re entering a marriage with significant wealth, a business, or debts, these agreements provide clarity. They help you and your partner establish expectations and protect what matters most to you both.

If you’re getting married later in life, you likely have accumulated assets, retirement accounts, or even a business that you want to safeguard. A prenup or postnup can protect these assets and ensure they’re distributed according to your wishes, not just the default laws of your state. Additionally, if one or both of you have children from a previous marriage, a prenup or postnup can help ensure that they’re provided for.

Debts: A Growing Concern

Let’s not forget about debt. Whether it’s from student loans, credit cards, or a previous mortgage, debts are increasingly common. A prenup or postnup allows you to specify how these liabilities will be managed during your marriage. This means one partner isn’t left responsible for the other’s debts, which can alleviate a significant source of stress and conflict.

Financial Transparency and Communication

One of the biggest benefits of drafting a prenuptial or postnuptial agreement is the open financial dialogue it fosters between you and your partner. These agreements require both you and your fiancé/spouse to fully disclose their financial situation, including assets, debts, and income. This transparency can prevent future misunderstandings and ensure that you both are on the same page when it comes to money management.

It’s not just about protecting yourself; it’s about ensuring that your financial partnership is built on honesty and mutual respect. By having these discussions early on, you set the tone for how you’ll handle financial decisions throughout your marriage.

Read more →

https://familydiplomacy.com/wp-content/uploads/2024/08/Kiplinger-Prenup-Postnup-Financial-Planning.jpg 758 2048 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2024-08-18 11:26:422024-12-10 15:50:29Kiplinger: “Think of Prenups and Postnups as Financial Planning Tools”
Cordover Mosten - Family Diplomacy | A Collaborative Law Firm

Interview: Mosten on Peacemaker Practice Self Survey

April 24, 2020/in Collaborative Divorce, Family Law News, Mediation, Separate Property, Unbundled Legal Services //Tags: collaborative divorce, collaborative family law, Collaborative Law, collaborative practice, dissolution of marriage, divorce, Forrest Mosten, International Academy of Collaborative Professionals, mediation, peaceful divorce, preventative dispute resolution, unbundled legal servicesby Adam

I recently had the opportunity to interview ADR legend Forrest “Woody” Mosten.  Woody has been on the forefront of Mediation and Collaborative Practice and is the founder of Unbundled Legal Services.  Woody also happens to be a friend and mentor of mine and my co-author of “Building A Successful Collaborative Family Law Practice” published by the American Bar Association in 2018.  You can find the video below.

You can find the Peacemaker Practice Self Survey reproduced below.

PEACEMAKER PRACTICE SELF-SURVEY

Forrest S. Mosten and Kevin Scudder[1]

Peacemaker Professionals are lawyers, mental health professionals, and financial professionals who deliver services to clients in a number of roles: Advisor, Information Provider, Organizer, Legal Counselor, Mediator, Evaluator, and other forms as service-provider.

Read more →

https://familydiplomacy.com/wp-content/uploads/2020/04/Cordover-Mosten.png 442 1018 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2020-04-24 06:15:122020-04-24 07:11:05Interview: Mosten on Peacemaker Practice Self Survey

Tax Issues for Divorcing Spouses to Look Into

April 3, 2012/0 Comments/in Divorce, Money & Property, Separate Property //Tags: alimony, dissolution of marriage, divorceby Adam B. Cordover, Attorney-at-Law

Mandi Woodruff at the Business Insider provides the following tips for divorcing spouses:

Procrastinating. If you’re newly divorced and haven’t filed taxes as you read this article, you might want to get a move on it. First of all, there’s no telling how willing your ex will be to fork over his or her tax records, which could throw a major roadblock in your way. And if you’re relying on a CPA or tax preparer to play mediator, chances are high they’ll be too swamped this late in the season to field your last-minute questions.

Setting yourself up for liability by filing jointly. Every couple has to decide whether to file as married (joint) or married (filing separately) after a divorce. There’s a big difference here, which is that filing jointly means you’re on the hook if your ex winds up in tax trouble. “You’re liable for everything on the tax return even if it’s related to your spouse,” Mindel says.

Read more →

https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2012-04-03 21:43:572017-07-12 17:16:53Tax Issues for Divorcing Spouses to Look Into
Search Search

Categories

  • Divorce
  • Money & Property
  • Collaborative Divorce
  • Kids & Divorce
  • Mediation
  • LGBT Family Law Matters
  • Adoption
  • Case Law Update
  • Family Law News
  • FAQs
  • Florida Family Law Rules of Procedure
  • Florida Statutes
  • Legislative Update
  • Legal Name Change
  • Unbundled Legal Services

Archives

Recent Posts

  • How Do I Adopt My Grandchild in Florida?
  • Divorce 101: How Does Alimony Work in a Florida Divorce?
  • Are Florida Divorce Records Public? How Your Divorce Lawyer Could Be Exposing Your Financial Information to Competitors.
  • How Do Taxes Affect Retirement Accounts in a Florida Divorce?
  • Birth Certificate Amendments and Corrections: When You May Need a Legal Name Change in Florida

Want to Learn More?

When Discretion Matters, Count On Us

Reach Out to Us

Lawyer Adam Cordover | Lawyer Divorce
Lawyer Adam Cordover | Top Attorney Divorce

Our Offices (by appointment)

TAMPA - 3030 North Rocky Point Drive, Suite 150, Tampa, FL 33607

SAINT PETERSBURG - 475 Central Avenue, Suite 205, St. Petersburg, FL 33701

SARASOTA - 1858 Ringling Boulevard, Suite 110, Sarasota, FL 34236

Accepting Clients Throughout the State of Florida

Want to Learn More? When Discretion Matters, Count On Us.

Reach Out to Us

Recent Posts

  • How Do I Adopt My Grandchild in Florida? July 21, 2026
  • Divorce 101: How Does Alimony Work in a Florida Divorce? July 15, 2026
  • Are Florida Divorce Records Public? How Your Divorce Lawyer Could Be Exposing Your Financial Information to Competitors. July 14, 2026
  • How Do Taxes Affect Retirement Accounts in a Florida Divorce? July 8, 2026
  • Birth Certificate Amendments and Corrections: When You May Need a Legal Name Change in Florida July 1, 2026
© 2025 FAMILY DIPLOMACY: A COLLABORATIVE LAW FIRM. ALL RIGHTS RESERVED
  • Link to Facebook
  • Link to X
  • Link to LinkedIn
  • Link to Rss this site
  • Home
  • Practice Areas
  • Attorney Profile
  • Schedule a Consultation or Learn More
  • Locations
  • Blog
  • FAQ
  • Make A Payment
Scroll to top Scroll to top Scroll to top