CONGRATULATIONS! Your divorce is now final!
What happens now?
The legal and effective date
of your divorce is the date your Decree was entered by the Court. Your attorney
has no doubt provided you with a certified copy of your Decree of Dissolution,
as entered by the Court. You should have also received a copy of your "Property
Settlement Agreement", which was filed with the Court.
These documents should be kept in a safe place, among your other valuable
records, for future reference.
There are quite a few things you need to attend to now that the divorce
action is over.
If you were awarded real estate in the property division, a quitclaim
deed from your former spouse to you should be drafted, executed and recorded
with the County Clerk. A copy of that recorded document should be forwarded to
you when it is returned by the Clerk.
You are personally responsible for contacting all your banks, stock
brokers, etc. concerning any changes that need to be accomplished with any
accounts, IRAs, CDs, etc. awarded to you in the settlement.
You need to contact your insurance companies (including life,
household, automobile, health, fire, casualty and liability insurance providers)
to make sure that the coverage and beneficiaries are appropriate pursuant to the
Property Settlement Agreement and Decree.
We recommend that you draft a new Last Will and Testament promptly to
reflect your current status and create or revise any trusts affected by the
Property Settlement Agreement and Decree. You should also consider preparing a
Durable Power of Attorney at this time or other Estate Planning
techniques.
We also suggest that you remove your former spouse's name from any
jointly-held accounts awarded to you, such as bank accounts.
You need to determine whether any of the beneficiaries named on your
retirement account needs to be changed.
We recommend you notify the necessary parties, including the Social
Security Administration, of your current name. You should obtain a new
driver's license and credit cards, especially if your former name has been
restored to you.
If you are required to cooperate in providing your former spouse with
continuation/conversion application forms for health insurance (COBRA),
you need to notify your employer immediately of your divorce so your employer
can notify the insurance carrier within thirty days of the decree date. You will
need to provide your former spouse's current mailing address as well.
If you are required to provide health insurance for your minor child
or children, you need to provide proof of health insurance
We recommend that you consult with an accountant to obtain his/her advice on
tax consequences and tax planning.
If you are receiving maintenance, remember that "spousal support"
received is considered income for tax purposes. You will need to budget money
for the payment of federal and state income taxes. Quarterly estimated tax
payments may be required. We strongly advise you to consult with your accountant
if you are receiving maintenance payments from your former spouse.
If you are receiving child support payments, that income is not
currently considered taxable income by you and does not have to be declared as
income on your tax returns.
If you or your formal spouse experience a "substantial and continuing
change in circumstances" in the future, you may be able to petition the
court to reconsider your child support payments. This is generally deemed to
mean at least a 15 percent permanent increase or decrease in income. It does
not include a loss of employment, layoff or voluntary underemployment.
If you are paying maintenance or spousal support, you are currently
entitled to claim those payments as a deduction.
If you are paying child support, remember that those payments are not
tax deductible.
If you were married for at least ten years prior to your divorce becoming
final, you may be eligible for spousal Social Security benefits when you
reach age 62, if you do not remarry or for survivor benefits if your former
spouse dies. This will not affect your former spouse's benefits nor will it
matter if he or she has remarried. Check with your local Social Security office
for details and to compare this benefit to your own Social Security entitlement
from your own employment. |