Commonly Overlooked Issues in a Divorce: Key Considerations for a Comprehensive Settlement

overlooked issues in divorce

Amidst the turmoil of divorce proceedings, it is not uncommon for individuals to overlook certain crucial aspects that can significantly impact their post-divorce lives.

This article aims to shed light on some commonly overlooked issues in a divorce, urging individuals to consider these matters to ensure a comprehensive settlement that protects their rights and future well-being.

Digital Assets

In today’s digital age, addressing the division of digital assets is crucial. These include online accounts, social media profiles, cryptocurrencies, intellectual property, and digital media libraries. Failure to account for these assets may lead to financial losses or privacy breaches. As such, digital assets must be identified, valued, and appropriately allocated or protected when parties intend to divorce.

Read more: How are Digital Assets Divided during Divorce?

Health Insurance

In our experience, parties often overlook the review of health insurance coverage during divorce negotiations. Parties must understand the impact of divorce on existing health insurance policies, mainly if one party is covered under the other’s plan.

Accordingly, parties intending to divorce are encouraged to explore alternatives to maintain health coverage, such as individual plans or coverage through their employment.

Estate Planning

When parties divorce, their prevailing estate planning will no longer be accurate as the divorce necessitates revisiting estate planning documents.

Parties must update their wills, trusts, powers of attorney, and beneficiary designations to reflect the updated desired distribution of assets and appointment of guardians for children following the divorce.

Overlooking these updates can lead to unintended consequences, such as assets passing to an ex-spouse or inappropriate guardianship arrangements.

Debts and Liabilities

While dividing marital assets is a primary focus in divorce, addressing debts and liabilities is equally essential.

Failure to account for shared debts, mortgages, credit card balances, or outstanding loans can lead to financial burdens or negative credit implications.

As such, parties must consider a fair division of liabilities to ensure a clean financial slate post-divorce.

Read more: Protecting Yourself Financially in Divorce

Growing Childcare Expenses

While child custody and support are typically addressed in the ancillary matters stage of the divorce, childcare expenses can often get overlooked.

Childcare costs, including school fees, extracurricular activities, and healthcare expenses, can significantly impact post-divorce finances.

Consequently, it is important to clearly outline each party’s responsibilities for these expenses at the time of divorce to ensure fair and sustainable arrangements.

Parental Relocation

Parental relocation can be a significant consideration in international marriages or expatriate couples.

Accordingly, parties are to address issues related to relocation, travel arrangements, and the impact on parenting time at the time of the divorce.

Parties are encouraged to establish clear guidelines to facilitate the child’s relationship with both parents while accounting for practical and logistical aspects.

Read more: Relocating with your Child

Future Dispute Resolution

While the divorce settlement may address immediate concerns, parties must anticipate future disputes and establish mechanisms for resolving them.

Parties are encouraged to consider including provisions for mediation or revisiting the settlement in case of significant life changes or disagreements in the future.

This proactive approach can save the parties time, costs, and emotional stress.

Read more: Benefits of Resolving Marital Conflict via Divorce Mediation

Conclusion
Divorce is a complex and multifaceted process, and it is easy to overlook critical issues amidst emotional turmoil.

Considering the commonly overlooked aspects discussed in this blog, such as digital assets, health insurance, estate planning, debts, growing childcare expenses, parental relocation, and future dispute resolution, is essential for a comprehensive settlement.

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