Saturday, November 8, 2014

Insurance Issues That Concern Divorcing Couples


Insurance Issues That Concern Divorcing Couples


What effect does divorce have on life insurance?

Like most of your financial planning objectives, your life insurance needs are related to the circumstances of your life. As your life goes through changes, your life insurance often needs to change with it.

No life change may be of more consequence than a divorce. In addition to the financial and emotional difficulties that often accompany divorce, there are special concerns about your life insurance. Generally, one spouse is the beneficiary of the other's insurance, and vice versa. So you have to think about whether to change your beneficiary and whom your new one will be. You also have to consider whether a new designation will have tax consequences. One thing is certain: A divorce will have an effect on your life insurance needs, and your policy must be updated to reflect them. Not all life insurance policies are just for death protection. You may have cash value policies such as whole life, universal life, variable universal life, or variable life that you've used to save for your children's college education or as a supplement to retirement. Divorce may not directly affect the savings side of your life insurance. Keep in mind, however, that the cash value of any savings may be considered part of the marital assets.

New and continuing needs for life insurance
In general
Early planning is essential for evaluating your new and continuing needs for life insurance. Your planning should begin long before the divorce is final. If you have children, protecting them will be one of your first concerns.

If you don't have children, protecting alimony payments that you are receiving may be on the top of your list. Life insurance could prove to be a beneficial protection. Your needs will differ depending on your post-divorce point of view. The parent who is responsible for the children (custodial parent) has different concerns than the parent who is not (the noncustodial parent). If you are a custodial parent, you should make sure that the life of the noncustodial parent is insured. You don't want to be in a position where the child support payments suddenly end because of the death of the parent responsible for paying them. The same thing applies to alimony payments. Life insurance can protect you and your children in case of the other parent's untimely death. If you are the noncustodial parent, you should insure the life of your custodial counterpart. If the other parent were to die, you would most likely gain custody of the children. This will increase your expenses dramatically, especially when multiple children are involved. Life insurance coverage can be used to help you protect your children's future.

Protecting yourself as the former spouse who has no insurance
Purchase a new policy on the life of your former spouse
Going out and purchasing a life insurance policy on your former spouse is the easiest way to protect yourself. You may not be able to afford it, however, or the other spouse may not be willing to go through the necessary physical examination and blood tests. The insurance company also has to agree that there is an insurable interest between former spouses.

Have existing policies transferred to you
If your former spouse has an existing policy on his or her life, it can be transferred to you as the policyowner and beneficiary for the protection of your alimony/child support payments. This can be planned as part of the divorce agreement. It's also a good option when you can't obtain new insurance on your former spouse.

Tip: Including this in a divorce agreement is generally a good idea with respect to gift tax planning. Generally, if a husband and a wife enter into an agreement covering their property rights and divorce occurs within a specified period, all transfers of property under the agreement are considered made for full consideration and, therefore, are not subject to gift tax.

Have alimony/child support payments increased to cover the cost of additional insurance
If you receive alimony payments, you can seek an increase in the amount of alimony paid by your former spouse by the amount necessary to insure his or her life. The insurance likely cannot be issued unless your former spouse agrees to be insured.

Caution: The downside is that when you receive alimony payments, they are included as taxable income to you and can end if you remarry or die.

If you receive child support payments, you can similarly seek to have them increased to cover the cost of life insurance. From the custodial parent's point of view, it's better to have the payments categorized as child support because they are not included as income to the custodial parent. The decision as to whether the payments are alimony or child support has to be worked out between you and your former spouse. This can, and should, be planned for in the divorce agreement.

Protecting your children as the parent who has insurance
Have the insurance proceeds paid to your child
Using the proceeds of your life insurance policy to protect your children is an obvious and practical planning choice. What's not so obvious is how to use your existing policy in a way that is most beneficial to you and your child.

Purchase a policy on your life for the custodial parent
If you are the noncustodial parent, a second option is to purchase a new policy on your life for the custodial parent. This way you can keep any policies you currently have and protect your children's future at the same time.

Tip: The benefit of this choice is that the policy can be given to your spouse free from gift tax if given either before or as part of the divorce agreement.

Tip: If the policy is entirely in your former spouse's name and you have no incidents of ownership with respect to the policy (i.e., you don't retain any control of the policy in the event of contingencies, such as death or remarriage), you can pay the premiums on the policy and the premiums will likely be considered alimony and deductible for income tax purposes. The court decides many of these alimony/child support issues.

Caution: If you purchase a new policy for your former spouse, you won't be able to control who is designated beneficiary. Other options may provide you with more control.
Beneficiary designation issues

In general
If you have a policy that designates your former spouse as beneficiary, the first thing you will probably want to do is change the designation. Before you do, there are beneficiary designation issues to consider.

Generally, the divorce itself will not remove your former spouse as the beneficiary, so you need to take action if you wish to change the beneficiary. If a court has ordered you to maintain an existing policy in favor of your former spouse, you cannot change it. Changing the beneficiary is usually as easy as calling up the insurer and requesting the appropriate paperwork. Occasionally, a physical endorsement will also be required.

Who to designate as beneficiary
You can generally designate any person or entity to be the beneficiary of your life insurance proceeds. The choice, however, typically boils down to either designating your estate or your children.

Caution: Designating your estate as beneficiary may tie up the insurance proceeds in probate and may cause the insurance to be subject to estate taxes.

If you have children, it's a good idea for you to designate them as your beneficiaries. This may not be as simple as it seems, however. There are many different ways to go about it, and each has various benefits and drawbacks. Four options are illustrated in the following table:

Children As Beneficiaries of Life Insurance--The Options




CornerStone Financial
Whether your nest-egg is worth millions or thousands,
You and your family deserve it more than the government....

We are here to help you with all of your financial and insurance needs.  Our skilled professionals are licensed with over 100 top name companies and can help you gain a better understanding of the concepts behind insurance including investing, retirement and estate planning.  There are literally thousands of products to choose from, but we can help pinpoint what is best for you and your situation.  Please do not hesitate to contact us if you have questions.

Contact:
Eric Tuttobene
President/CEO  
CornerStone Financial
(615) 427-8780


IMPORTANT DISCLOSURES

The information presented here is not specific to any individual's personal circumstances.

To the extent that this material concerns tax matters, it is not intended or written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be imposed by law. Each taxpayer should seek independent advice from a tax professional based on his or her individual circumstances.

These materials are provided for general information and educational purposes based upon publicly available information from sources believed to be reliable—we cannot assure the accuracy or completeness of these materials. The information in these materials may change at any time and without notice.

Insurance Issues That Concern Married Couples


Insurance Issues That Concern Married Couples


What is it?
If you are married or planning to marry, you should determine how marriage impacts your insurance needs. The lack of proper insurance protection can lead a married couple into financial ruin. If you already have disability or life insurance policies, determine whether your existing coverage is adequate and update your list of beneficiaries. If you do not have either a disability or life insurance policy, consider whether or not your marital status changes your need for insurance. You should also review any existing policies held by you and your spouse (or spouse-to-be) and consider pooling them with one company or having multiple policies with one company in order to receive discounts and lower policy rates.

Tip: If your employer does not offer a particular type of insurance or if the amount of insurance offered is not adequate, consider purchasing an individual or private policy.

Health insurance
Because of the high cost of medical treatment, a poorly timed sickness or accident could be financially devastating to your family. To avoid a financial disaster during a medical crisis, you and your family should have health insurance.

Life insurance
In general
While you might not have felt the need for life insurance protection when you were single, it becomes important when you marry. Once married, you may find yourself with a spouse and/or children who are financially dependent on you. If you do not have life insurance, you will want to have a policy in place in order to make sure that your family's financial needs will be taken care of when you die. If you already have a life insurance policy, you should reevaluate the adequacy of your existing coverage.

How much life insurance do you need?
You should have enough life insurance to enable your family to continue the lifestyle they were accustomed to before your death. If you have children, you may want to make sure that your children's college education bills will be paid. At the very least, you will want to ensure that your family will be able to pay for burial expenses and pay off any of your debts. You can purchase the amount of protection that you need from either a term or cash-value policy. While both policies provide your beneficiaries with benefits at your death, they contain important differences. Term insurance provides you with pure death-benefit protection. In other words, if you die while the policy is in effect, the insurance company pays your beneficiary, and the policy does not build any cash value. Since term insurance is low cost, based on age, it is an attractive form of life insurance when you are younger and have minimal cash flow.

Although low-cost term insurance may have provided you with sufficient life insurance protection in the past, it does not provide you with the same type of benefits that come with the more costly cash value insurance. Cash value insurance provides you with protection besides serving as a savings vehicle. Although it is more expensive than term insurance, cash value insurance can be a useful financial tool for a married couple since it builds up cash value over time. The cash value can then help you fund long-term goals, such as buying a house, funding a child's college education, or providing you with savings for retirement.

Tip: When you reevaluate the adequacy of your existing coverage, you should keep in mind whether or not you and your spouse intend to start a family in the near future.

Tip: In addition to making sure you have adequate life insurance protection, you should examine the beneficiary designations on your current policies, and make sure that they are up to date.

Disability insurance
In general
While life insurance ensures that your family is financially provided for at your death, disability insurance provides your family with income if you are unable to work as a result of a serious illness or injury. Disability insurance is a necessity if you have a family that depends on you for financial support. Although disability coverage can be expensive, depending on your age and the type of work that you do, it allows you to insure your most valuable asset: the ability to earn an income.

Tip: You should consider disability insurance even if your household has two wage earners since most dual-income families have expenses that rely on both incomes.

How much disability insurance do you need?
Generally, you should have enough disability coverage to ensure that you could continue to maintain your current lifestyle if you became sick or injured and could not work for a lengthy period of time. While most insurance companies won't insure you for your entire salary amount, you should look for a policy that provides benefits that replace at least 60 percent of your income. Benefits are received free of income tax for a policy that is paid for by the insured with after tax dollars.

Other types of insurance
Automobile insurance
Chances are that both you and your spouse own separate cars. If you each also have separate auto insurance carriers, you may want to pool your auto insurance with one company. Many insurance companies will give you a discount if you insure more than one car with them.

Homeowners/renters insurance
Whether you and your spouse own or rent a home, you need insurance to protect yourself against either the loss of your property or claims against you if someone injures him/herself on your property. If you already own a home, you may need to add your spouse's name to the policy. Consider having the same insurance company provide coverage for your home or apartment and your car. Many insurers will give you a discount if you carry more than one type of policy with their company.



CornerStone Financial
Whether your nest-egg is worth millions or thousands,
You and your family deserve it more than the government....

We are here to help you with all of your financial and insurance needs.  Our skilled professionals are licensed with over 100 top name companies and can help you gain a better understanding of the concepts behind insurance including investing, retirement and estate planning.  There are literally thousands of products to choose from, but we can help pinpoint what is best for you and your situation.  Please do not hesitate to contact us if you have questions.

Contact:
Eric Tuttobene
President/CEO  
CornerStone Financial
(615) 427-8780


IMPORTANT DISCLOSURES

The information presented here is not specific to any individual's personal circumstances.

To the extent that this material concerns tax matters, it is not intended or written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be imposed by law. Each taxpayer should seek independent advice from a tax professional based on his or her individual circumstances.

These materials are provided for general information and educational purposes based upon publicly available information from sources believed to be reliable—we cannot assure the accuracy or completeness of these materials. The information in these materials may change at any time and without notice.

Insurance Issues That Concern Unmarried Couples


Insurance Issues That Concern Unmarried Couples


What insurance issues concern unmarried couples?
In general
Although having adequate insurance is important for most couples, unmarried couples should particularly consider how life and health insurance can help them address the unique concerns they face.

Caution: State insurance laws vary--an insurance professional in your state can give you more information about state laws that may affect your insurance coverage.

Life insurance
Because you're not married, you're ineligible for many of the benefits the government, employers, and the tax code confer on married partners. Life insurance can provide a vehicle to address these concerns. It can replace income after the death of your partner, provide cash to pay potential estate taxes, and provide funds that avoid probate.

Health insurance
Health insurance may be an issue if your employer offers coverage under a domestic partner benefits plan. The value of coverage provided to your unmarried partner is taxable to you as income, unless your partner qualifies as a spouse under local law or a dependent under federal tax law.

Life insurance provides a vehicle to address special concerns of unmarried couples

Because you're not married, you're ineligible for many of the benefits the government, employers, and the tax code confer on married partners. For example, Social Security and defined benefit pension plans don't replace income for your partner after your death, as they do for a spouse. Tax laws don't shelter your estate, as they do for a married couple. However, life insurance can provide a vehicle to address these concerns.

Life insurance provides replacement income after a partner's death
As the surviving partner in an unmarried couple, you may face a greater financial burden in maintaining your standard of living after the death of your partner than does a surviving spouse. You may not be eligible to receive income from many sources that a spouse might, or you may receive only limited benefits.

Social Security does not pay survivor's benefits to unmarried partners. While you may be eligible to receive Social Security based on your own earnings, or that of a deceased former spouse or ex-spouse, you can't receive benefits based on your unmarried partner's record. In addition, defined benefit pension plans typically don't automatically offer benefits to a nonspousal beneficiary. A spouse, in contrast, is legally entitled to benefits under certain plans unless he or she waives that right.

Caution: You can receive distributions from qualified retirement plans, such as 401(k)s, 403(b)s, and individual retirement accounts (IRAs), provided your partner has named you as the beneficiary. However, spouses generally have more options when it comes to distributing or rolling over retirement funds--this presents a potential tax disadvantage for nonspouse beneficiaries. Life insurance provides replacement income to your partner. You can structure this by cross-owning life insurance policies or by purchasing an individual policy with your partner as the beneficiary.

            • Cross-owning life insurance policies--You each buy a policy on the other's life. At your partner's death, you collect the policy's death benefit and invest the proceeds to produce the income you need. Because your partner did not own the policy, the proceeds will not be included in his or her estate for federal gift and estate tax purposes. However, the value of the policy your partner owns on your life is includable in your partner's estate for federal gift and estate tax purposes.

Example(s): Shawn and Max are an unmarried couple. They each buy a life insurance policy on the other. When Shawn died, Max invested the proceeds and now lives off the interest. Because Max owned the policy, the proceeds paid upon Shawn's death were not included in Shawn's estate and were not subject to federal gift and estate tax when he died. However, the value of the policy Shawn owned on Max's life was included in Shawn's estate for federal gift and estate tax purposes.

You may need to demonstrate an insurable interest to purchase life insurance on each other. Married couples are assumed to have an insurable interest. Couples who own a house or business together are also considered to have an insurable interest, although only up to the value of their shares of the mortgage or business. You can prove insurable interest by providing evidence of jointly owned assets and, possibly, copies of your wills or trust documents.

            • Individual policy--You own your own policy, naming your partner as beneficiary.

Caution: Because you own the policy, it is includable in your estate when you die for federal gift and estate tax purposes. Any amount over the applicable exclusion amount may be subject to the tax.

Example(s): Shawn owned a policy, naming Max as the beneficiary. When Shawn died in 2014, the proceeds of the policy were includable in his estate. If Shawn's taxable estate exceeded the applicable exclusion amount (in this case, $5,340,000), the excess would be subject to gift and estate tax beginning at a rate of 18 percent up to 35 percent. The potential tax liability on Shawn's estate (which includes the value of life insurance he owned at his death, could have significantly cut into the amount available to Max.

Life insurance provides cash to replace wealth lost due to transfer taxes
Federal tax laws permit every individual to leave an estate worth up to the amount of the applicable exclusion amount. Any amount over that limit is taxed at rates that range from 18 percent to 35 percent. Some states also impose their own transfer taxes.

Married couples, however, enjoy a special tax break called the unlimited marital deduction. This allows them to transfer as much as they want to each other free of federal gift and estate tax (though any amount so transferred may be taxed on the death of the second spouse). Because you are not entitled to the unlimited marital deduction, anything you leave your partner above the applicable exclusion amount may be subject to federal gift and estate tax. Some states also impose their own transfer taxes. Life insurance provides a way to replace the wealth lost due to transfer taxes. You can structure this through an irrevocable trust, or you can cross-own life insurance policies.

            • Create an irrevocable trust--You set up a trust, managed by a trustee, that buys and owns a life insurance policy on your life. You provide funds to the trust to pay the premiums.

Tip: Because the trust owns the policy, the proceeds are kept out of your gross estate for federal gift and estate tax purposes.

Caution: You can transfer an existing policy to the trust, but if you die within three years of the transfer, the value of the policy will be includable in your gross estate for federal gift and estate tax purposes. An irrevocable trust must be set up carefully to avoid adverse tax consequences. It can be costly to set up, and, as its name implies, it cannot be revoked once it's been established.

            • Cross-own life insurance policies--You each buy a policy on the other's life to cover potential transfer taxes. Because your partner does not own the policy, the cash value at the date of death is not includable in his or her estate for federal gift and estate tax purposes. However, the value of the policy your partner owns on your life is includable in your partner's estate for tax purposes.

Example(s): Sydney and Rudy are an unmarried couple and the beneficiaries of each other's estate. They each buy a life insurance policy on the other. When Rudy dies, the policy Sydney owned on Rudy's life pays death proceeds to Rudy, the policy's beneficiary. Rudy can use the life insurance proceeds to replace estate wealth lost due to transfer taxes.

Life insurance proceeds avoid probate
If a beneficiary other than your executor or estate is named, life insurance proceeds don't go through probate. Because of this, life insurance offers a way to provide for your unmarried partner without the complications of a will. Some of the advantages of avoiding probate are: (1) the funds are immediately available at death and (2) the distribution is not as likely as a will to be contested by relatives who may disapprove of your relationship.

Health insurance issues
Domestic partner benefits are taxable
Health insurance may be an issue if you're eligible for coverage under your partner's domestic partner benefits plan. A growing number of employers now offer benefits to the unmarried partners of employees. Often, the most important benefit is health insurance. However, on the federal level (but not in all states), the value of coverage provided to your unmarried partner often is taxable to you as income.

Caution: Because domestic partner benefits raise your taxable income, they may also increase your Social Security, Medicare, and state taxes.

Weighing costs versus benefits of domestic partner health coverage
If your employer offers health insurance to your unmarried partner, you may want to do a cost/benefit analysis before signing up. First, estimate the annual cost by adding the out-of-pocket cost to the additional taxes. Second, weigh this against the benefits of the policy to determine if this is a good deal for you and your partner.

Example(s): Pat and Terry are domestic partners. Pat works, while Terry rears the children. When Pat's employer, BigCo, Inc., begins offering health benefits to domestic partners, Terry considers signing up. Being a savvy couple, Pat and Terry calculate a rough estimate of the total annual cost before making a decision.


(*Pat's tax rate is 28%; yours may differ)

Example(s): Pat and Terry now see that the true cost of Terry's health insurance is $1,026 per year (the out-of-pocket cost plus the taxes), not $690. After examining the plan and feeling satisfied with its coverage, and knowing he can't get a better deal purchasing insurance elsewhere, Terry decides to enroll despite the additional tax. However, if Terry can purchase acceptable insurance on his own for less than $1,026 per year, or if the plan offers only limited or poor coverage, Terry may decline enrollment and search for coverage elsewhere.

Comparing costs of coverage under a domestic partner benefits plan to your own employer's plan
Another situation you may face is that your employer offers health insurance and your partner's employer offers domestic partner benefits. How do you know which is the better deal to take? In this case, compare the annual cost of each plan before selecting coverage. You may find that the additional tax on the domestic partner coverage outweighs the benefits.

Example(s): Terry returns to work at Ace Company, which provides health benefits. Terry compares the annual cost of health benefits at Ace to the yearly cost under Pat's domestic partner benefits plan at BigCo as follows:


Total annual savings under Ace's plan: $1,026 - $890 = $136

Example(s): Even though Terry's annual premiums are higher at Ace Company ($800 compared to $600), the total yearly cost is $136 lower because he and Pat avoid paying the tax on the domestic partner benefits. Since the coverage under both plans is comparable, it's a better deal for Terry to enroll in Ace's plan.

Enrollment and continuation of coverage concerns
Before enrolling for domestic partner health insurance, especially if you also have the option of signing up for coverage through your own employer, ask whether the Consolidated Omnibus Budget Reconciliation Act (COBRA) applies to your coverage. This may vary by insurer.

If you decline coverage now, you may be able to enroll during the next open enrollment period. Check with the employer providing the coverage.


CornerStone Financial
Whether your nest-egg is worth millions or thousands,
You and your family deserve it more than the government....

We are here to help you with all of your financial and insurance needs.  Our skilled professionals are licensed with over 100 top name companies and can help you gain a better understanding of the concepts behind insurance including investing, retirement and estate planning.  There are literally thousands of products to choose from, but we can help pinpoint what is best for you and your situation.  Please do not hesitate to contact us if you have questions.

Contact:
Eric Tuttobene
President/CEO  
CornerStone Financial
(615) 427-8780


IMPORTANT DISCLOSURES

The information presented here is not specific to any individual's personal circumstances.

To the extent that this material concerns tax matters, it is not intended or written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be imposed by law. Each taxpayer should seek independent advice from a tax professional based on his or her individual circumstances.

These materials are provided for general information and educational purposes based upon publicly available information from sources believed to be reliable—we cannot assure the accuracy or completeness of these materials. The information in these materials may change at any time and without notice.

Life Insurance for the Self-Employed


Life Insurance for the Self-Employed


 If you're like most people, you bought life insurance to provide for your loved ones in the event of your death. But because you're self-employed, you may have an even greater need for life insurance: You'll want to protect your family after you die, as well as protect the financial needs of your business.



Why life insurance is important
As long as you are alive and healthy, your income-producing capability is relatively secure, and you and your family can enjoy the lifestyle you have established. If you were to die, however, your family could face hard economic times. Your family's financial needs may include:

            •Final expenses, such as burial and funeral costs
            •Unpaid medical bills
            •Income replacement
            •Mortgage balance
            •Debt repayment (credit cards)
            •Education fund for children
            •Emergency expenses

Why life insurance may be even more important when you're self-employed
As a sole proprietor, you are personally liable for all of the debts of your business. Legally, there is no difference between personal and business assets. By definition, a sole proprietorship ends when the owner dies. So, any losses or financial obligations at your death become the responsibility of your estate. It is possible that personal assets may have to be sold or transferred to pay off business debts. Business debts may include:

            •Business loans
            •Mortgage or lease payments on business location
            •Payments due to suppliers, vendors, consultants, employees, and so on
            •Taxes due to local, state, and federal taxing authorities
            •Fees to lawyers, accountants, and other advisors to settle business affairs

Life insurance can be used to cover these debts, as well as to provide for the ongoing needs of your family after your death.

What to do about it
Ask your financial professional or insurance representative to help you assess your need for life insurance and design a program to fit your needs.



CornerStone Financial
Whether your nest-egg is worth millions or thousands,
You and your family deserve it more than the government....

We are here to help you with all of your financial and insurance needs.  Our skilled professionals are licensed with over 100 top name companies and can help you gain a better understanding of the concepts behind insurance including investing, retirement and estate planning.  There are literally thousands of products to choose from, but we can help pinpoint what is best for you and your situation.  Please do not hesitate to contact us if you have questions.

Contact:
Eric Tuttobene
President/CEO  
CornerStone Financial
(615) 427-8780


IMPORTANT DISCLOSURES

The information presented here is not specific to any individual's personal circumstances.

To the extent that this material concerns tax matters, it is not intended or written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be imposed by law. Each taxpayer should seek independent advice from a tax professional based on his or her individual circumstances.

These materials are provided for general information and educational purposes based upon publicly available information from sources believed to be reliable—we cannot assure the accuracy or completeness of these materials. The information in these materials may change at any time and without notice.