After a client obtains a divorce, we suggest that they perform certain steps to protect themselves and finalize their “break” from their ex-spouse. Sometimes some of the items on the checklist can’t be done due to a court order or a Separation Agreement that requires you to continue some obligation. Therefore, you should always speak with your attorney to understand exactly which steps on the checklist you should complete. Below is the Post-Divorce Checklist that we use with our clients and generally suggest:
POST DIVORCE CHECKLIST: POST-DIVORCE “TO DO” List
GENERAL TO DO’s
_____ Revoke any Power of Attorney, Health Care Power of Attorney, Living Will in favor of your ex-spouse (if you have not already done so)
_____ Change your bank accounts to Payable on Death (POD) or Transfer on Death (TOD) accounts to a new beneficiary.
_____ Change the beneficiary on your life insurance policy, pension, 401(k), IRA, etc.
_____ Execute new Last Will & Testament, Durable Power of Attorney, Living Will and Health Care Power of Attorney. (Rice Law, PLLC is happy to assist with this.)
_____ Notify your auto insurer of any changes in automobile drivers, ownership, and addresses.
_____ If you change your name (such as by reverting to your maiden name) as a result of the divorce, notify all of your creditors of the change.
_____ Notify the Social Security Administration of your name change.
_____ Apply for a driver’s license and Passport with your new name (and address, if applicable).
_____ If you move, notify all of the creditors of your change of address.
_____ Change your name on your bank accounts and checks or open new accounts in your name only.
_____ Change your address on your bank accounts and checks.
_____ Remove your former spouse’s name from your lease or mortgage.
_____ Execute all necessary COBRA documents to ensure continued health insurance coverage or make sure that your ex-spouse has done the same.
_____ Keep a copy of your Divorce Judgment. You will probably need it in the future.
CHILDREN TO DO’S
_____ Obtain a Child Custody Order or Separation Agreement and Property Settlement (SAPS) if you have not already done so. (Rice Law, PLLC can help) and follow the order.
_____ Obtain a Child Support Order or SAPS if you have not already done so. (Rice Law, PLLC can help) and follow the order.
SPOUSAL SUPPORT (Alimony) TO DO’S
Note: Keep in mind that a Judgment of Absolute Divorce will generally bar any claim for spousal support if the claim is not adjudicated or pending at the time the divorce is granted. Therefore, if you are seeking spousal support you need to make sure that you discuss such a claim with your attorney before a Judgment of Absolute Divorce is obtained.
_____ Obtain an Alimony Order or SAPS if you have not already done so. (Rice Law, PLLC can help) and follow the order.
PROPERTY (EQUITABLE DISTRIBUTION / SEPARATION AGREEMENT & PROPERTY SETTLEMENT) To DO’S
Note: Keep in mind that a Judgment of Absolute Divorce will generally bar any claim for equitable distribution if the claim is not adjudicated or pending at the time the divorce is granted. Therefore, if you are seeking spousal support you need to make sure that you discuss such a claim with your attorney before a Judgment of Absolute Divorce is obtained.
_____ Obtain an Equitable Distribution Order or SAPS to address the settlement of marital property if you have not already done so. (Rice Law, PLLC can help) and follow the order.
_____ Divide all property as outlined in the Equitable Distribution Order or SAPS.
_____ Execute a quitclaim deed, as necessary, to transfer title to real property to your former spouse, and/or make sure that your ex-spouse does the same, as required by the ED Order/SAPS.
_____ Change the titles to your motor vehicles to reflect the ownership as outlined in the ED Order/SAPS.
_____ Make sure that your name has been removed from any debts or loans that are no longer your responsibility.
_____ Make sure that the Qualified Domestic Relations Order (QDRO) or Military Pension Division Order (MPDO) is entered and implemented if required under the ED Order.
_____ Take all other actions required by the ED Order.