Avoiding Financial Mistakes During Divorce in California

Protecting Your Financial Future During Divorce in Los Angeles
A divorce settlement in California—especially those involving property division, spousal support, and retirement assets—can significantly shape your long-term financial future. Yet, many individuals unintentionally make costly mistakes during the settlement process that could have been avoided with the right legal guidance.
In high-cost regions like Los Angeles, where asset values and living expenses are substantial, understanding how to protect your financial interests during divorce is even more critical. Without careful planning, you risk losing valuable assets, facing unexpected tax liabilities, or agreeing to support terms that strain your future stability.
By recognizing the most common financial pitfalls in divorce settlements and working proactively with experienced legal counsel, you can make informed decisions that safeguard your financial well-being for years to come.
At The Sands Law Group, APLC, our Los Angeles divorce attorneys help individuals avoid costly mistakes and build stronger post-divorce financial foundations. Here are key financial missteps to watch out for during your divorce.
Not understanding your legal options before divorce
 Why Early Legal Advice Matters in California Divorce Cases
Before signing any separation agreement, divorce settlement, or related paperwork, it is critical to fully understand your legal rights and options. Making uninformed decisions early in the divorce process can lead to costly mistakes—both financially and emotionally—that are difficult to undo later.
Many individuals going through separation underestimate the protections and opportunities available to them under California family law, especially during the high-stress early stages of divorce. In Los Angeles, where complex financial arrangements and high-value assets are common, overlooking your rights can have serious long-term consequences.
Working with an experienced Los Angeles divorce attorney from the start can help you:
- Identify all legal options available based on your specific circumstances
- Protect your rights in property division, child custody, and spousal support negotiations
- Avoid signing agreements that are not in your best interest
- Create a strategic plan for your financial and family future
While online “DIY divorce kits” may seem like a fast, low-cost solution, they often lack the personalized legal guidance needed for complex cases—and can end up costing you far more in the long run.
At The Sands Law Group, APLC, we provide free case evaluations to help you understand your legal rights before making any decisions. Starting with the right information can make all the difference in achieving a favorable outcome.
Not properly identifying separate property
Protecting Your Assets During Divorce in California
In California divorces—including those handled in Los Angeles County—correctly distinguishing between community property and separate property is critical. Failing to properly identify your separate property can lead to losing assets that rightfully belong to you alone.
Under California family law, the marital estate (community property) generally includes:
- All income and assets acquired by either spouse during the marriage
- Any increase in the value of assets acquired during the marriage up until the date of separation
In contrast, separate property includes:
- Assets owned by either spouse prior to the marriage
- Inheritances or gifts received by one spouse individually during the marriage
- Proceeds from separate property, provided they are not commingled with marital funds
If separate property is not clearly documented and properly traced, it may be mistakenly treated as part of the community property during the division of assets—resulting in an unfair financial outcome.
An experienced Los Angeles divorce lawyer can help you:
- Identify what qualifies as separate versus community property
- Properly document separate assets to protect them during the divorce process
- Strategically address any disputed property claims raised by your spouse
At The Sands Law Group, APLC, we help clients throughout Los Angeles safeguard their rightful assets and achieve fair division outcomes. Starting with a free case evaluation, we ensure your financial interests are fully protected during divorce.
Trying to “hide” assets
One of the most basic principles when it comes to property division is that full financial disclosure is required by both parties before settling matters.
Trying to limit what you must divide with your spouse by deliberately concealing assets and not “declaring” them can be a huge mistake with serious reputational, legal, and financial consequences. Transferring assets to a third party to conceal them is also a big mistake that could count against you for the remainder of the divorce case.
A seasoned divorce lawyer can help prevent this mistake and ensure full transparency with financial information so that all calculations are made according to California law.
Not understanding the true value of assets
Some assets like bank accounts are relatively simple to put a dollar value on but what about the house, pensions or items that have emotional attachments? How should they be valued during a divorce?
Sometimes, assets do not meet their expected valuations when the time to sell arrives. The process may also take considerable time. Other complications arise when divvying up pension contributions or the increase in value of assets that were brought into a marriage.
These issues can be legislated for with the help of an experienced divorce lawyer accustomed to complex financial situations within relationships.
Not considering the tax implications
Taxes are often overlooked or only partially taken into account in divorce settlements despite a potentially major impact on the financial positions of the spouses.
The implications can extend well beyond the simple change of filing status after a divorce.
Firstly, transactions in divorces should be non-taxable, with money transferred out of a 401(k), 403(b) or deferred compensation plan incurring no negative tax effect—but only if disbursed properly. These and other assets (especially those subject to capital gains taxes) may attract taxes if correct procedures are not followed.
Besides discussions about property division, tax consequences may exist for spousal support and child support too.
Reliable financial and legal advice from a professional who understands the various assets at stake and their tax status can protect spouses from attracting unnecessary tax burdens.
Not considering credit or debt implications
Did you know that a divorce can impact your credit rating?
It may not be the first thing that comes to mind when divorce proceedings start but after you split from your spouse, his or her credit no longer influences yours. This can create some difficulties.
You’ll also need to consider any debts incurred from arrangements made before the split, such as credit cards, home loans, car financing, etc. These debts may need addressing in the divorce settlement or they could negatively impact your credit rating even after the split.
Additional mistakes to avoid during a divorce in California
As well as making direct financial mistakes, it’s easy to make other mistakes that can end up costing you during a divorce in California.
The Importance of Preparation Before Filing for divorce
Filing for divorce in California without proper preparation can lead to costly mistakes, delays, and an unfavorable outcome in your case. Whether your divorce is contested or uncontested, thorough documentation and strategic planning are essential for protecting your rights and securing a fair outcome.
Before initiating the divorce process in Los Angeles or elsewhere in California, it is critical to gather and organize all relevant financial and legal records. Key documents include:
- Bank account statements
- Retirement account and investment records
- Tax returns (typically covering at least the past three years)
- Mortgage documents and property deeds
- Credit card statements and loan records
- Business ownership records (if applicable)
Preparation goes beyond just collecting obvious financial paperwork. An experienced Los Angeles divorce attorney can help you identify and gather additional documentation that will strengthen your position—such as communications related to marital agreements, evidence of separate property, and detailed inventories of valuable assets.
Failing to properly prepare can delay your case, weaken your negotiating position, and potentially lead to an unfair settlement. The more organized and informed you are at the outset, the more control you have over the process and your future.
Trying to rush the divorce process
During divorce, it’s natural to want to move on quickly and leave the emotional stress behind. However, rushing the divorce process can lead to hasty decisions that jeopardize your long-term financial security and legal rights.
Agreeing to unfavorable terms simply to finalize a settlement faster may seem appealing in the short term, but it often results in costly mistakes—such as accepting an unfair property division, inadequate spousal support, or insufficient child custody arrangements.
Before agreeing to any settlement terms, it’s essential to:
- Carefully review the full financial impact of the agreement
- Consult with an experienced Los Angeles divorce attorney to understand all your rights and options
- Think strategically about your long-term goals rather than just seeking immediate relief
Not prioritizing the children’s best interests
Children’s best interests are the major consideration for any decisions that affect them in divorces in California.
When negotiating or collaborating on a divorce settlement, bear in mind that judges won’t approve anything that could negatively impact the children. Neglecting the children’s interests or using them as leverage to improve your position is likely to count against you.
Generally speaking, negotiated agreements that avoid conflict and promote the two parents working together for the benefit of their children are encouraged by the California family law system.
Acting out of spite or anger
During divorce, emotions often run high—but making decisions based on anger, frustration, or resentment can cause lasting harm, especially when children are involved. In California divorce cases, courts prioritize the best interests of the child, and parents should do the same when negotiating custody, support, and parenting plans.
Maintaining a calm, clear-headed approach is crucial when addressing issues that affect your children’s lives. An experienced Los Angeles divorce attorney can help you stay focused on long-term outcomes, offering guidance that protects both your legal position and your children’s emotional and financial well-being.
At The Sands Law Group, APLC, we emphasize solutions that:
- Protect your parental rights
- Foster stability and continuity for your children
- Minimize conflict and reduce the risk of expensive, drawn-out litigation
Remember: settlements that prioritize the children’s best interests are more likely to be accepted by the court—and they help families move forward with less stress and disruption.
If you have any financial issues during a divorce in California, the affordable lawyers at The Sands Law Group APLC can discuss your options. Contact us or call at 213-788-4412 today for a free 15-minute case evaluation.
Meet Thomas Sands –
Divorce & Family Law Attorney
Thomas D. Sands is a highly experienced and widely respected divorce and family law attorney serving clients throughout Los Angeles, Riverside, and San Bernardino counties. As the founder and principal attorney of The Sands Law Group, APLC, Thomas Sands is dedicated to providing strategic, cost-effective legal representation to individuals and families facing some of life’s most difficult transitions.
Clients trust Thomas Sands not only for his legal knowledge but also for his compassion. He understands the emotional toll divorce and custody disputes can take, and he approaches every case with a commitment to minimizing stress while vigorously protecting his clients’ rights and long-term interests. His client-first philosophy has earned him a strong reputation among both peers and families across Southern California.
The Sands Law Group, APLC reflects Thomas Sands’ dedication to service and inclusivity. The firm offers multilingual legal support in English, Spanish, French, Hebrew, and Arabic, ensuring that clients from diverse backgrounds receive clear communication and culturally sensitive representation. Whether through negotiation or litigation, Thomas Sands strives to achieve favorable outcomes while helping clients avoid unnecessary delays and expenses.
In recognition of his excellence in family law advocacy, Thomas Sands has received numerous accolades, including being named Litigator of the Year by the American Institute of Trial Lawyers and Lawyer of the Year by the American Institute of Legal Professionals in 2023. These honors reflect his ongoing commitment to delivering exceptional legal results with professionalism and care.