Post-Divorce Checklist

David V. Diggs

Divorce, whether amicable or contentious, is exhausting.  Once you have a divorce decree from the court, it is only natural to want to move on, closing that chapter of your life. The epilogue awaits you, however. You will now need to implement much of what has been hammered out in your marital settlement agreement (MSA) and/or ordered in your judgment of absolute divorce (JAD).

There will be important deadlines to meet and documents to file. A post-divorce checklist will be invaluable.

Pull out your JAD, the MSA and your calendar. Now is the time to review all documents and create a detailed list of what needs to be done and any deadlines that must be met. Put those deadlines in your calendar now! Make a list of any assets to split, debts to divide, credit to separate, estate-planning documents that need to be updated, etc. Prioritize your to-do list, with short-deadline items at the top of the list.

In general, here is a list of action items:

1. If you have not already done so, close joint bank accounts and open new ones in your name. Review and update the beneficiaries associated with your accounts. Change any automatic withdrawals and credits associated with any account you change or close. Make sure your name and address are correct on your accounts and checks.
   
   
2. If your JAD or MSA includes changing your last name, contact the Social Security Administration. Apply for a new driver’s license and passport with your new name and new address if applicable. You may need to send each entity a copy of the judgment, reflecting the name change. Some may require “gold seal” versions of these documents. Your attorney may procure these from the court clerk.
   
   
3. Change your passwords. Don’t pick ones that your ex-spouse might guess.
   
   
4. Are you selling your home? If so, hire a Realtor and ready the house for sale. If you are refinancing a mortgage, the mortgage company will draft a new deed. Be sure to record the deed with your county. Change the locks.
   
   
5. The title to your cars and boats may need to be changed. Record the transfer of title with the Motor Vehicle Administration (MVA) and your county. The MVA will supply you with a gift certification form, allowing spouses to avoid transfer taxes. Notify your auto insurance company of any changes in drivers, ownership and addresses.
   
   
6. To divide retirement accounts and pensions, have your divorce attorney draft a qualified domestic relations order (QDRO) or other appropriate order. File the QDRO with the court and submit it to the plan administrator as soon as possible since having a QDRO processed can take months. IRAs don’t need a QDRO; simply file the paperwork with the plan. Don’t forget to review and update your beneficiaries.
   
   
7. Be sure you have health insurance. Ex-spouses may obtain COBRA coverage for 18 to 36 months after divorce, depending on the plan, but you must apply within 60 days. Maryland has a “mini-COBRA” for employers with fewer than 20 employees which lasts for 18 months. Or you may need to sign up with your employer’s health insurance, an Affordable Care Act plan, Medicare, Medicaid, etc.
   
   
8. How about the kids? If you have an amicable divorce, you may want to set up a shared Google Calendar to keep track of school, sporting, extracurricular and social events, and perhaps a shared Google child-expense sheet. If your divorce was adversarial, you may already be enrolled in Our Family Wizard, a communication platform I often recommend to my clients.
   
   
9. Update or create estate planning documents. Your will becomes void as a matter of law upon your divorce. You will therefore want to write a new will. Redo your powers-of-attorney and health care proxy. Update beneficiary designations and designate legal guardians for your children.
   
   
10. If you are paying alimony or child support, set up automatic payments. If you are the recipient of support payments, obtain a wage-garnishment on your ex-spouse’s salary, so that payment goes directly to you.
    
    
11. Reassess your tax withholding allowance and quarterly payments with your tax advisor. If your JAD or MSA assigns exemptions for your children, you may need to complete IRS form 8332.

This list is not exhaustive, and your list should be tailored to your JAD and/or MSA. If you find yourself contemplating separation or divorce, you will have many questions. You should consult an attorney who is familiar with this area of the law and who will assist you in making informed decisions.

David Diggs is experienced in all facets of family law. If you need further information regarding this subject, contact The Law Office of David V. Diggs LLC, located at 8684 Veterans Highway, Suite 204, in Millersville, by calling 410-244-1171, or email david@diggslaw.com.