MONEY Marriage

5 Ways to Protect Your Money Without a Prenup

"His" and "Hers" towels
Ethan Myerson—Getty Images

If a prenuptial agreement is not in the cards, you can still keep your cash secure.

Prenuptial agreements can be a great tool for protecting assets for married couples who ultimately end up divorcing. But what happens when you don’t have a prenup? Or if you wanted one but your spouse refused to sign and you decided it wasn’t worth the aggravation? Can you still protect your assets? The answer, as is so often the case in law, is that it depends. Certain assets can absolutely be protected. Others not so much. Here is the list of ways you can protect (at least some of) your money and assets without a prenup.

1. Keep your own funds separate.

The word “commingling” is often synonymous with “lottery winnings” to one spouse; and “gambling losses” to the other. If you have an account that has funds in it that you either 1) owned prior to the marriage; or 2) received during the marriage as inheritance or a non-marital gift; and then mixed in your earnings from your pay, or joint funds from another bank account – then poof! The entire account becomes marital. Why? Because the courts consider money to be “fungible” meaning that once that marital dollar goes in, you can’t tell which dollar is coming back out. So Rule #1 – Keep your separate funds separate!

2. Keep your own real estate separate.

Many people own a home prior to getting married. Oftentimes, especially if that home becomes the home for the married couple, the homeowner decides to throw the other person’s name onto the deed. What harm could that be? Right? I mean what happens if the owner died – wouldn’t you want your spouse to have it? The answer is that once the non-owning spouse’s name is on that deed, even if it is removed again down the road, the result is that the court will presume that you have given half the value to that spouse as a gift. And yes, you can sit on the stand and testify that it was only done for “estate planning” purposes, but most times that kind of testimony just comes off as self-serving and falls flat. So, you can always create a will or trust that leaves your property to your spouse. Rule #2 – do not put your spouse’s name on the deed unless you are prepared to hand over half the value of it in a divorce.

3. Use nonmarital funds to maintain non-marital property.

Here’s where the waters get murkier. It is easy enough to decide to keep your own property in your own name. The rub comes when it comes to maintaining that property. This is where the couple is using their paychecks to pay the mortgage on that property, or to make renovations or improvements to that property. Now the court is going to be faced with trying to carve out which part of the value of the property might be marital and which part of the value has remained non-marital – a tedious and tortuous task. To keep it all clean, just use your funds from your premarital or inherited account to maintain your non-marital property, too.

4. Keep bank statements for retirement accounts issued at the date of marriage.

Unlike other accounts that are commingled, if you have retirement account assets at the date of marriage, and at the time of divorce, you can produce a statement that shows what you had in that account, then the court may let you carve off that amount and divide the rest. The challenge is finding those statements sometimes. Make sure you keep statements that show if the custodian changes.

5. Get a valuation of your business around the date of the marriage.

Also unlike bank accounts that are commingled, the court has the ability to potentially carve off the appreciated value of a non-marital business. So for example, if your business was worth $1 million on the date of your marriage and worth $2 million on the date of your divorce, your spouse would be entitled to the one half of the difference or $500,000. (Or you could have just had the spouse sign a prenuptial agreement that waived any and all appreciation — but assuming you didn’t, this is the next best option).

While a prenuptial agreement is the ideal way for specifying how assets are to be divided should there be a dissolution of marriage, all is not lost if there isn’t one. By following these five steps, you can still protect some, if not all, of your premarital or non-marital assets.

The financial effects of divorce can also have an impact on your credit. So both during and after your divorce, it’s important to keep an eye on your credit reports and credit scores to watch for inaccuracies or any other problems that need your attention. You’re entitled to a free annual credit report from each of the three major credit reporting agencies through AnnualCreditReport.com. You can also get your credit scores for free from many sources, including Credit.com.

More from Credit.com

This article originally appeared on Credit.com.

TIME Retirement

Retirement ‘More Myth Than Reality,’ Survey Finds

Pensioners in Retirement
Christopher Furlong—Getty Images A pensioner holds his walking stick on September 8, 2014 in Walsall, England.

61% of Americans expect to continue working past the age of 65

Only 21% of Americans say they plan to stop working at the age of retirement, according to a new survey.

The Transamerica Center for Retirement Studies (TCRS) surveyed 4,550 full-time and part-time workers about their retirement and savings plans. One in five said they would continue working as long as possible and 41% planned to reduce their hours. The study also found that 61% of Americans expect to continue working past the age of 65 or do not plan to retire at all.

“Today’s workers recognize they need to save and self-fund a greater portion of their retirement income,” said Catherine Collinson, president of TCRS. “The long-held view that retirement is a moment in time when people reach a certain age, immediately stop working, fully retire, and begin pursuing their dreams is more myth than reality.”

MONEY Best Places

See How Your Neighborhood Ranks As a Place to Age

Powell & Mason Cablecar Line, Taylor Street, Fishermans Wharf, San Francisco
David Wall—Alamy Fisherman's Wharf, San Francisco

Use this tool to see how livable your town or city is for retirees.

Should you stay or should you go? That will be a key question in an aging America, as people try to decide if their homes and communities still work for them as they grow old.

A new online tool from AARP can help with answers. The free Livability Index grades every neighborhood and city in the United States on a zero-to-100 scale as a place to live when you are getting older.

There is no shortage of lists and rankings of places to live in retirement. Many are superficial, measuring factors such as sunshine, low tax rates or the number of golf courses. More thoughtful studies reframe the question to consider quality-of-life issues that affect everyone—affordability, health care, public safety, public transportation, education and culture (See Reuters’ version at reut.rs/13Bcl4h).

The new AARP tool adds value by making it possible to score any neighborhood and community in the country – and drill down into the details. Just plug in an address to see how a location scores for seven key attributes: housing, neighborhood, transportation, environment, health, civic engagement and opportunity.

Overall, the highest-ranking large city is San Francisco with a score of 66 and rose to the top due to its availability and cost of public transportation, walkability and overall levels of health. The top medium city is Madison, Wisconsin (68) and the top small town is La Crosse, Wisconsin (70).

It is telling that even the top-ranked locations get just mediocre scores. “The numbers are telling us that no community is perfect – and most are far from perfect,” says Rodney Harrell, director of livable communities at the AARP Public Policy Institute. “The goal here is to provide a tool that helps people make their communities better.”

The timing is right for discussions to get under way about making communities better places to age. The number of households headed by someone age 70 or older will surge 42% by 2025, according to the Joint Center for Housing Studies of Harvard University. Most of those households will be aging in place, not downsizing or moving to retirement communities.

What exactly is aging in place? The Centers for Disease Control and Prevention defines it as “the ability to live in one’s own home and community safely, independently, and comfortably, regardless of age, income or ability level.”

Of course, that definition does not oblige you to age in your current place. The smart move is to assess your current location – and make a move if necessary.

That is the plan recommended by gerontologist Stephen M. Golant in his new book Aging in the Right Place (Health Professions Press, February 2015).

He challenges the orthodoxy about aging in place, explaining why it is not always realistic to stay where you are. In particular, he makes the case that a home must get a cold-eyed assessment as a financial asset, with an eye toward the cost of living in it (mortgage, taxes, and insurance) and any possible repairs or remodeling that might be needed to adapt the home as you age.

But that can be a tall order, considering the emotional ties to place that we all develop.

“It’s one of the biggest issues people face, and they don’t have a lot of information about these issues,” Harrell says. “People do build emotional ties to friends and community, but they also need information to help them make sound choices.”

TIME Money

1 in 5 Elderly Americans Dies Broke, Survey Shows

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46% of Americans had less than $10,000 in financial assets in the last year of their life

It’s the biggest financial worry for anyone saving for retirement: will I outlive my savings and die broke?

Based on surveys repeatedly pointing to dismally low levels of retirement savings, most American households have reason to be concerned. The latest report on how many Americans die broke comes from an analysis by the Employee Benefits Research Institute based on data from the University of Michigan’s Health and Retirement Study.

Of those 85 or older who died between 2010 and 2012, roughly one in five had no assets other than a house, according to the analysis. The average home equity was…

Read the rest from our partners at NBC news

MONEY real estate

Four Moves That Will Make Your House a Great Place to Retire

Q: I want to remain in my current home when I retire. What can I do to make sure it is a place where I can age well?

A: If your home is where your heart is, then you have lots of company: Three-quarters of people 45 and up surveyed by AARP say they’ll remain in their current residences as long as they can.

Adapting your home to accommodate your needs as you age takes work, however. So the earlier you start, the better. Do it now, while you have the income and energy to tackle the project, advises Amy Levner, manager of AARP’s Livable Communities initiative. Here’s your plan of action:

Start with the easy fixes. Many of the upgrades that make it easier to stay in your home as you get older—such as raising electrical outlets to make them more accessible, installing better outdoor lighting, and trading in turning doorknobs for lever handles—aren’t expensive. “And these small changes can make a big difference,” says Levner. Check out AARP’s room-by-room guide at aarp.org/livable-communities for more suggestions of what to fix.

Assess the bigger jobs. To make your house livable for the long, long run, consider investing in some more extensive renovations. These include things like bringing the master suite and laundry room to the first floor to avoid stairs, adding a step-in shower, and covering entranceways to prevent falls. Such jobs can be costly (see chart below), so get a bid from a contractor—then determine if it’s worth that price to you to stay or whether you’ll just move later if need be. The good news is that changes you make for aging in place can also make the home more appealing to future buyers, says Linda Broadbent, a real estate agent in Charlottesville, Va.

Notes: Prices for grab bars, door handles, and lights are per unit. Sources: AARP, National Association of Home Builders, AgeInPlace.org, Remodeling magazine

Budget for outsourcing. No getting around the upkeep a house requires. Sure, when you’re retired, you’ll have more time to mow the lawn and paint the fence. But don’t forget that you may be away from home for periods traveling or visiting the grandkids. And later on, you probably don’t want the physical drudgery of home maintenance. Research the fees to hire out some of the tougher tasks such as snow removal and yard work, and build those costs into your retirement income needs.

Deepen community connections. Your close-by social network is just as important as the house itself. “Living in a place where people know you and can help you or provide social interaction will give you a better quality of life,” says Emily Saltz, CEO of geriatriccare-management service provider Life Care Advocates. Use these pre-retirement years to strengthen local ties—explore volunteer opportunities, check out classes, and get to know your neighbors.

Maintaining a social circle is especially important if your kids live far away or have demanding jobs. Good friends will shuttle you to doctors’ appointments and hold the ladder while you change the fire-detector battery, as well as help you up your tennis game.

 

MONEY

Hate Your Company’s 401(k)? Here’s How to Squeeze the Most From Any Plan

squeezing orange
Tooga Productions—Getty Images

Four steps to getting your savings plan right—even if your employer didn't.

Your 401(k) plan is potentially one the best tools you have to save for retirement. You get a tax advantage and often a partial match from your employer. But let’s face it: Not all company plans have the most compelling investment options. These strategies will help you use your plan to maximum advantage.

Money

1. Plug the biggest hole in your account: Costs.

Mutual fund charges look small, but the cost of paying an extra 1% a year in fees is that you give up 33% of your potential wealth over the course of 40 years. If there’s at least a basic S&P 500 or total stock market index fund in your plan, that’s often your best option for your equity allocation. Some charge as little as 0.1%, vs. 1% or more for actively managed funds.

2. Look beyond the company plan.

If your 401(k) doesn’t offer other low-cost investment options, diversify elsewhere. First, save enough in the 401(k) to get the company match. Then fund an IRA, which offers similar tax advantage. You can then choose your own funds, including bond funds and foreign stock funds, to complement what’s in your workplace plan.

3. While you’re at it, dump company stock.

About $1 out of every $7 in 401(k)s is invested in employer shares. But your income is already tied to that company. Your retirement shouldn’t be too.

4. Share strategy with your spouse.

It’s a good idea no matter how much you like your plan: If you hold a third of your 401(k) in bonds, for example, your combined mix may be riskier than you think if your spouse is 100% in stocks. But coordinating also improves your options. If your spouse’s plan has a better foreign fund, you can focus your joint international allocation there.

Adapted from “101 Ways to Build Wealth,” by Daniel Bortz, Kara Brandeisky, Paul J. Lim, and Taylor Tepper, which originally appeared in the May 2015 issue of MONEY magazine.

Read next: What You Can Learn From 401(k) Millionaires in the Making

TIME Television

Jon Stewart’s Departure From The Daily Show Now Has a Firm Date

Director/writer/producer Jon Stewart attends "Rosewater" New York Premiere at AMC Lincoln Square Theater on November 12, 2014 in New York City
Desiree Navarro—WireImage/Getty Images Director-writer-producer Jon Stewart attends the New York premiere of his movie Rosewater at AMC Lincoln Square Theater in New York City on Nov. 12, 2014

There's just a little over three months left of his legendary run

Fans of Jon Stewart have a little over three months to get their fill of the comedian and Daily Show host.

Stewart announced on the show’s Monday night broadcast that he would go off the air on Aug. 6 this year, Variety reports.

The 52-year-old comedian said in February that he would be retiring from the iconic satirical newscast after 16 years. Filling big shoes will be Trevor Noah, whom Stewart has warmly endorsed in spite of the South African funnyman’s involvement in a Twitter storm that occurred after some of his tweeted jokes were criticized for being “anti-Semitic” and “sexist.”

[Variety]

MONEY second acts

Surprising Secrets of Successful Second-Act Career Changers

man showing insect specimens to students
Gallery Stock

A new report dashes stereotypes about older workers and their ability to find rewarding jobs.

Some upbeat news for older workers looking for a fresh start: It may be easier than you think to launch a second act—if you make the right moves.

Most older workers who seek career changes are successful, especially if they use skills from their previous careers, according to a new report out Thursday from the American Institute for Economic Research (AIER), a nonprofit organization dedicated to economic literacy. In the survey of 2,000 people, a career change was defined as a change in jobs that involves a new role with either the same or a different employer, in either the same or a different field.

According to the report, 82% of people 47 and older who tried to transition to new careers in the last two years were successful. Nearly 70% of successful changers saw their pay either stay the same (18%) or increase (50%), while 31% took a pay cut. As for job satisfaction, 87% of successful changers said they were happy with their change, and 65% felt less stress at work.

The findings fly in the face of stereotypes about older workers and their ability to find new jobs. It’s true that when older workers lose their jobs, it takes longer to find one. But many older people are in fact fully employed. The unemployment rate for workers 55 and older is less than 3.7%, compared with 5.5% for the national average.

And the number of older people working is growing: The percentage of people 55 and older in the labor force is more than 40%, up from 29% in 1993, according to the Bureau of Labor Statistics.

Still, the report is encouraging because an increasing number of older workers say they want to or need to work past traditional retirement age, but they don’t want to continue to do the same thing. Many are looking for a change and a new challenge, as well as less stress.

“Our research shows that older workers are finding rewarding careers, not just new jobs, later in life,” says Stephen Adams, AIER president.

The findings back up another recent survey by the AARP Public Policy Institute that was positive about older workers’ ability to make a career change, even those who had been unemployed for a while. The survey focused on workers 45 to 70 who had been jobless at some point in the last five years. Almost two-thirds of reemployed older workers found jobs in an entirely new occupation.

Of course, some of the unemployed didn’t choose to switch occupations; they were forced to do so by layoffs or changes in their industry. But for others, the change was a decision to do work that was more personally rewarding and interesting, or just less demanding with fewer hours.

It makes sense that pursuing a new career is a viable option for older workers, says Adams. “Older workers tend to have more experience and stronger networks, which they can leverage to make that transition.”

The AIER research found distinct patterns among those career changers who were successful compared with those who tried but didn’t make the leap into a new field or occupation. In some cases, workers remained at the same company but in a new role. For others, they changed where they worked, their occupation. and/or their field. Here are some lessons from the successful career changers.

Identify and capitalize on your transferable skills. The people who were successful assessed their skills and figured out how their job experience could apply to a new occupation. In some cases, changers took courses or additional training to hone those skills or develop new ones. But additional education wasn’t necessarily a hallmark of successful career changers. Many people become trainers in their field, consultants to their old firms, or teachers in their field of expertise. Others used their knowledge to launch a business. In one case, a medical school administrator left academia after 22 years and started his own business of freestanding clinics. In another, a truck mechanic who already had much of the required licensing started his own hauling business after taking seminars on relevant regulations.

Be realistic. People who weren’t successful tended to be those who wanted to leap into an entirely different line of work. It sounds great to open a restaurant or buy a vineyard, but it’s much harder to pull off. It’s a bigger risk financially, and your network of contacts will be less relevant. “The notion of ‘follow your dream’ is a wonderful sentiment, but you have to have a clear-eyed vision of what you bring to the table for your employer or a new venture,” says Adams.

It’s not good to be a lifer. Successful job seekers spent fewer years at the same employer and worked in a variety of roles for different companies over their lifetime. The longer you’ve been working, the more likely it is you’ve held several jobs, so the job-changing experience isn’t so new. But if you’ve been stuck in one job a long time, it’s going to be harder to make a transition.

Enlist family and friends. The most successful career changers said family support was important. That means having encouragement from friends and relatives, and a willingness for family to change their lifestyle to accommodate a different career. Successful career changers also asked for feedback from colleagues, friends, and family members about their aspirations. “People who were successful had encouragement and honest feedback from people who knew them well,” Adams says.

 

TIME

This Is the Retirement Regret Nobody Talks About

This is a big myth about retirement nobody talks about

There is ample evidence that baby boomers are working longer than any generation before them, pushing the “traditional” retirement age of 55 into the 60s, and with many — for personal or financial reasons — working right up to Social Security’s full retirement age of 67 and beyond.

People are living longer, and many older investors suffered losses when the stock market fell in the Great Recession. Today’s workplaces have been adjusting to accommodate for a growing number of older workers, and this trend towards putting off retirement is hailed as a generally positive shift in boomers’ approach to their golden years.

There’s just one thing: A lot of them regret it afterwards.

A new survey of retirees between the ages of 62 and 70 with $100,000 or more in investable assets conducted on behalf of New York Life found that nearly half of respondents wished they had retired earlier. More than half who were 60 or older when they retired regretted waiting so long.

On average, respondents wished they’d retired a full four years earlier than they actually did.

Three out of 10 retirees who had accumulated between $100,000 and $249,999 wished they’d retired sooner. About a quarter of those with between $250,000 and $1 million said the same, and even 20% of millionaires regretted not bowing out of the corporate rat race sooner.

“Investable assets and retirement age impact desire to retire sooner,” says David Cruz, a senior managing director at New York Life.

A lot of workers have been pushing themselves to work later in life, but hindsight makes them second-guess their decisions.

“As people age, they realize that during the time right before they retired they still had as much energy” as they did during their years in the professional world, Cruz says. Then as they age, it dawns on them that they were wasting the potentially best years of their retirement in the office. “They realize that having flexibility during those earliest potential retirement years can be priceless,” he says.

It’s a classic case of not knowing what you’ve got until it’s gone — and it’s something that’s conspicuously absent in most of the conversations we have today about what makes for a satisfying retirement.

“We think that as people age and slow down, they realize how much they would have enjoyed additional years of flexibility when they were younger and more energetic,” Cruz says. “Most people spend a lifetime accumulating retirement assets but don’t know how to turn those assets into a fulfilling retirement.”

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