(0:01 – 0:16)
Welcome to Family Law Matters. I’m Dr. Michael Mantell, joining Bonnie Rabinovitch-Mantel, who is the owner and managing partner of the Primus Family Law Group. Hi, Bonnie.

(0:16 – 0:22)
Hi, Michael. How are you doing today? Doing well. A little bit informal today, but it’s okay.

(0:23 – 1:28)
Well, you know, people understand us by this time already. Right, exactly. Bonnie, while people may understand our informality in doing this today, what they may not understand are some of the critical errors that people make financially as they’re going through a divorce.

There are probably a couple of them that come to mind. The most important, the most critical mistakes that you’ve got to be watching out for. What are they? Well, you know what, Michael? It’s interesting that you say that.

People always assume that and assume, you know, people always assume that, for example, I’m contributing to my retirement so I can just borrow from my retirement so that I can pay my attorney. Well, guess what? You can’t do that. Because while your retirement is funded from your earnings, it is a community asset.

(1:28 – 1:40)
And you can’t do anything during the pendency of a divorce. You can’t liquidate, you can’t dispose of, you can’t borrow against. You can’t do any of that without the consent of your spouse.

(1:41 – 2:05)
And if they don’t know about it and you do it anyway, not only are you subject to the court making you pay it back, but then you could be subject to sanctions on top of that for being naughty. So encapsulate that mistake that people might make. They may not be aware of it, so their attorney has to make them aware.

(2:05 – 3:00)
Well, yes, that’s if you get to an attorney before you do this or if you share with your attorney, you’d be surprised. I mean, we are your advocate. We’re on your side.

We’re here to give you advice to keep you out of trouble and also to further your goals. So if you don’t tell your attorney what you’re thinking of doing, we can’t help you on the back end of that. Right.

Well, what happens in this instance? You and your spouse are fighting and I can’t stand anymore. I’m getting out of here. I’m going to leave.

I’m going to go to a motel. You haven’t filed for divorce and you do some of those things you just described. Now, what happens? So it depends how close to that divorce that you’ve done these things while you’re married.

(3:01 – 3:20)
Normally, all bets are off. You can do what you need to do because you’re married and it’s presumed that you’re all in agreement. But Michael, if, for example, you decided to liquidate your retirement and two days later or two weeks later, you file for divorce, the court’s going to have a little trouble with what you’ve done.

(3:21 – 4:18)
Aha, because it is clear you knew what you were doing. It is clear you knew what you were doing. Right.

OK, Bonnie, if people have questions about this and I suspect people are not even aware of these things, how can they be in touch with you to get some information and maybe spend a half hour consulting with you? Well, you know, they can reach us directly at 619-574-8000. And we will put you on my calendar for that free 30 minute phone consultation. Or you can submit a form online on our website at www.PrimusFamilyLaw.com. And I assume like many today for convenience, they don’t have to come to your office.

They can do this on Zoom or a phone and be in touch that way, right? Absolutely. It is a phone consultation. Make it easier for everybody.

(4:19 – 4:24)
Good. OK, Bonnie, we’ll see you next time for another Family Law Matters. Thank you very much.

(4:24 – 4:26)
Bye, Michael. Have a great day.