This Week’s Blog by Carole T. Orland
- Post-divorce housekeeping items require your immediate attention
- Attend to provisions relating to your Parenting Plan and financial distribution
- Utilize your attorney, accountant, counselor and other professionals to effectuate terms
- Keeping good records will be critical for post-divorce enforcement
So now you are divorced. But before you close the book, there is one more chapter which requires your attention. That is: Post-Divorce Housekeeping. It is critical that you take certain steps to make sure the provisions of your Separation Agreement (if your case was settled) or the Court’s Judgment of Dissolution (if your case went to trial) are effectuated. You should carefully review one more time whichever of these documents pertains to your situation with an eye toward what must be done. Divorce attorneys who practice in Westport and Greenwich will typically provide you with a checklist or a summary of follow-up items. As much as you may want to leave your divorce in the rear-view mirror, it is important to tie up all the loose ends.
Below is an example of the more common post-divorce items that require attention. It is by no means exhaustive and every case is different, so make sure to consult with your divorce attorney for the particulars of your situation:
- Discuss any changes in your Parenting Plan with your children, utilizing the support of a counselor when appropriate.
- Notify your children’s school and activity providers that the divorce is final and arrange for progress reports and notices to be sent to each parent.
- Convert all joint bank and brokerage accounts to individual accounts.
- Effectuate all money transfers.
- Arrange for direct payments of alimony and/or child support.
- Attend to any title transfers or refinancing of real property.
- If real property is to be sold, enlist a broker, following the terms of your Separation Agreement or Judgment.
- Transfer title to all vehicles as necessary.
- Deactivate joint credit cards.
- Attend to beneficiary changes for life insurance and retirement accounts.
- Obtain any additional life insurance you are obligated to provide.
- Make sure your attorney has arranged for the drafting and implementation of any QDROs which are necessary to divide certain qualified retirement plans.
- Notify your health insurer of change in covered individuals and arrange for COBRA, if applicable.
- Contact your accountant about changes in filing status.
- If you are an alimony recipient, discuss with your accountant the need for quarterly estimates (discuss new tax provisions effective 1/1/19).
- Change your Will and estate planning documents.
It is important to be organized and efficient with post-divorce items. Keep good records. If your ex-spouse fails to comply with his or her obligations, ask your attorney to follow up with written correspondence to opposing counsel. If that doesn’t work, it may be necessary to file a Motion for Contempt, which could mean a return to Court and an evidentiary hearing. Having good records will be critical in proving your case.
At Broder Orland Murray & DeMattie LLC, we are careful to advise our clients about post-divorce items, which require attention. We understand the importance of follow-through to effectuate the terms of the Separation Agreement or Judgment of Dissolution. In certain cases we may get involved in handling the enforcement of those terms, as well.