Post Divorce Introduction

Divorce marks the end of a significant chapter in life and the beginning of a new one. Once the divorce decree is finalized and signed by the judge (and then recorded or “entered” by the jurisdiction), you will be officially divorced. Even though the marriage has ended, many of the agreements will not be implemented on their own. There are often a series of important steps and tasks that need to be completed to implement the agreements outlined in the decree. This phase, often referred to as post-divorce or post-decree, involves executing the terms of the divorce settlement and ensuring that all necessary changes are made to reflect your new status.

The post-divorce phase can be both practical and emotional. While some tasks can be managed independently, others may require professional assistance from attorneys, financial advisors, or other specialists. The following sections provide a comprehensive guide to the essential steps you need to take to ensure a smooth transition after your divorce.

Post-Decree Steps and Tasks

Here is a general summary of the key steps and tasks needed once your divorce is final:

1. Obtain a Certified Copy of the Divorce Decree: After the Notice of Entry, ensure you receive a certified copy of your divorce decree. This document is crucial for various post-divorce actions such as name changes, transferring retirement accounts, and updating legal documents. It should be kept with your other important documents. You can typically obtain these copies through the court administrator. An electronic copy is also helpful although some companies or tasks may require the official copy with a raised certified seal.
2. Transfer of Real Estate: Follow the specific steps outlined in your decree regarding any real estate, including refinancing, selling, or transferring ownership. There may be liens and settlement payments to be made associated with real estate as well.  Review the Post-Divorce Real Estate Division module to learn more.
3. Retirement Transfers/Divisions: Transfers and divisions of retirement need to be addressed post-divorce. Since IRAs are non-qualified accounts, their transfers do not necessarily require a separate court order but may need a certified copy of the decree. A Qualified Domestic Relations Order (QDRO) will be needed to divide qualified retirement plans such as 401(k)s. Review the Post-Divorce Retirement Division module to learn more.
4. Division of Bank Accounts: Follow the decree's instructions for dividing cash and bank accounts. This may involve closing joint accounts, transferring funds, and opening new accounts in individual names.
5. Name Change: If you are changing your name post-divorce, there are a number of steps needed to notify agencies and companies of your new name. Review the Post-Divorce Name Change module to learn more.
6. Updating Estate Plan/Will: Update your will, power of attorney, and any other legal documents to reflect your new marital status. Even if you want to keep your estate plan the same as it was prior to divorce, you should re-affirm your intention after the divorce is final to avoid any legal complications. If you don’t have a will, now would be a good time to draft one.
7. Update Beneficiaries: Notify relevant institutions (e.g., employers, insurance companies, creditors) of your divorce and update your beneficiary designations on insurance policies and retirement accounts. Even if you want to keep your beneficiaries the same as it was prior to divorce, you should re-affirm your intention after the divorce is final to avoid any legal complications.
8. Child and Spousal Support: If it hasn’t started already, set up arrangements for receiving or paying child and/or spousal support as outlined in the decree. This may include setting up automatic payments or making other financial arrangements.
9. Health Insurance and Other Benefits: Review your health insurance coverage and make necessary changes. If you were on your former spouse's plan, you might need to obtain your own policy. If you have coverage for your former spouse, you should let your employer know of the change in legal status and communicate with your former spouse on the end of shared coverage.
10. Settlement Payment: If your divorce decree included a settlement payment or equalizer payment, you may need to make that payment upon entry or at some approaching date.  You should meet the terms in your agreement and make sure you don’t miss any deadlines as there could be interest or penalties imposed if either party fails to make a payment deadline. If you are to receive payment, you could seek enforcement from the Court if the terms are not met.

The ending of a marriage may cause emotional hardship and/or bring about new feelings of sadness or even trauma.  Even if you feel ready or you are the one who wanted the divorce from the start, finality can be tough.  Consider seeking support from a counselor or support group to help navigate the emotional aspects of post-divorce life if you are struggling. It’s important to address both practical and emotional needs during this transition.  By following these steps and addressing each task diligently, you can ensure that the agreements made during your divorce are properly implemented, setting a solid foundation for the next chapter in your life.

See the downloadable Post-Divorce Checklist to help in this process. And try the PartWise quiz to see how prepared you are for post-divorce life.