Asset protection strategies

The view that altruists should invest and later donate financial resources, instead of donating them now, is sometimes called patient philanthropy. The October 2020 Founders Pledge report Investing to Give estimated the expected impact of investing funds in the stock market and donating them after 10 years to be 9x that of donating at the time of writing for longtermist causes, 2.1x for global health and 4.2x for animal welfare.

The base rate for relationship dissolution is high. If you split from your partner, a division of assets and debts may be on the cards. For example, Australia family law courts can order a division of any property between you and your de facto own (regardless of whether you own it together or separately) if they’re satisfied the de facto relationship lasted at least two years.

Here is a hypothetical example: Say your (former) partner has $100K in cash and $50K in stocks to a total of $150K net worth. Say you have have $25K cash, $300K invested in stocks and $25K in bonds to a total of $350K. To save money on rent, you moved in together for 2 or more years then broke up. Your incomes are the same but your savings rate is higher. This is a difference of $200K in assets resulting in a $100K transfer of assets to her. GiveWell’s estimate is around $3,000-$5,000 per life saved.

So what could you do? Some ideas are:

InterventionCosts ($AUD)Risks
Financial Agreement (Binding Financial Agreement or Prenup)

$5,000 each = $10,000

Legal advice required re: need to renew, after major life events

Renewal costs

As a rule of thumb, 50% are invalidated by courts

After major life events like inheritance, home purchase, births, marriage you may need to renew the prenup and your partner may refuse

Does not apply to future relationships only your current partner

Your partner’s lawyer will likely advise them against signing the prenup and if you want to breakup with them if they don’t sign, the agreement can be invalidated in court for being signed under duress

Don’t cohabitate. Don’t marry. Etc.Say your rent would be $600 a week combined split 2-ways to $300 each or $450 on your own. You will forgo savings of around $7,800 each a year each by not cohabitating
Reduce your income This could limit your future giving more than asset division, depending on the size of your investment vs the size of your income and the likelihood of relationship dissolution
Certain Trust structuresThe total cost of establishing a trust is between $1000 and $2000. Maintaining a typical family trust may cost a further $1500 to $2500 in accountancy fees each year, plus a yearly filing fee and fees required for the preparation of an annual tax return for the trust.

The kind of Trusts that can protect assets from asset division require you to relinquish some control to third parties (family or friends) who may not follow your wishes.

Even trusts can also be set aside by Courts when it comes to asset division.

Donate now until your assets and debts are not greater than your partners

This compromises the patient philanthropist strategy. You could give to funds established for patient philanthropy however.

Hope for an amicable split$0People change during and after breakups. And, the reason you breakup may be that your partner didn’t share your values. Your (former) partner may also be influenced by third parties, like subsequent partners