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Getting divorced? Why you need financial advice as well as legal advice

Posted on January 31, 2026
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Even if divorce is the last thing you want to think of when getting married, you have to consider it when drawing up an antenuptial contract

For most people getting divorced, the main requirement is to get a good lawyer. And while a good lawyer is important, a financial adviser is equally important.

The secret to thriving beyond the trauma of divorce is not just legal strategy, but professional financial advice, Cebile Zibi, head of trade marketing at Momentum Advice, says.

“Divorce is one of life’s most emotionally charged and financially complex transitions. While headlines often focus on high-profile breakups, the true cost of separation is usually felt quietly in homes and bank accounts.”

Zibi says securing strong legal representation is essential, but many people overlook a financial adviser. “Expert advice helps you protect what you built, prepare for what comes next and make confident decisions at every step, before, during and after divorce.”

ALSO READ: This is what a divorce will do to your pension fund

Talking about money and divorce beforehand

And although it is not a time you want to even think about divorce, Zibi says financial advice belongs in the prenup agreement conversation. Most couples view a prenuptial agreement primarily as a legal safeguard, but Zibi says it is also a financial planning tool.

Involving a financial adviser at this stage helps couples to:

  • Understand what each partner is bringing into the marriage: assets, debts and goals.
  • Select the right marital contract (in or out of community of property, with or without accrual) based on shared long-term intentions, not fear.
  • Put in place appropriate insurance, retirement and investment structures that protect both partners’ futures, regardless of what happens.

“Couples often discuss love, but not liquidity. An adviser brings a neutral, future-focused lens, helping couples build transparency and financial confidence before marriage, which becomes the foundation for trust.”

And when the relationship is ending, the financial adviser can help to turn confusion into clarity, Zibi says.

“When you made the difficult decision to separate, emotions run high. It is a time when panic and pressure can cloud sound judgement.

“Divorce is often a period of crisis decision-making. People can rush into settlements or accept cash payouts without understanding the long-term implications. That is where advice matters most: it brings structure to emotional chaos.”

ALSO READ: Why you should be having difficult money conversations with your loved ones

Zibi points out that the Supreme Court of Appeal (SCA) for example recently confirmed that income from annuities can form part of the divisible estate, an area where financial advisers often spot opportunities or risks that may be missed.

An adviser is often of great value after a divorce as well to help you rebuild with purpose. “A divorce decree might end a marriage, but it marks the start of a new financial chapter.”

Zibi says this is where advice shifts from protection to possibility. A certified financial planner helps you to:

  • Rebuild a sustainable budget aligned to your new reality.
  • Reassess investment and retirement strategies.
  • Update your will and beneficiaries.
  • Secure maintenance income through life cover or trusts to protect your children’s future.

“A good divorce lawyer gets you out of the marriage while a good financial adviser ensures you do not go broke doing it. The real victory is regaining financial self-sufficiency, building a new life on your own terms.”

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