Some divorcing couples in Texas work hard on reaching agreements about property division, child custody, parenting plans and visitation plans just to get that final divorce decree and start a new life. However, little attention is often paid to planning how the various aspects of the divorce order will be implemented. Some suggest that these plans are better discussed before the divorce is finalized to avoid being overwhelmed by unanticipated obligations.
It is not uncommon for one party to neglect his or her responsibilities. This might leave the other party facing the consequences of nonpayment of child support and/or alimony. Also, the other party may fail to pay debts as agreed. Noncompliance with parenting and visitation agreements can also cause problems, and if that person ignores an order to refinance the mortgage on the family home or list it for sale, the post-divorce life of the other person will likely not be as carefree as anticipated.
Furthermore, court orders to divide retirement accounts in a fair and equitable way can be complicated, and one party may find him or herself compromised. They may have different types of retirement accounts, and there could be costs related to the division of some accounts. The two parties may have problems deciding whether all retirement accounts should be divided equally or whether each party will keep his or her own accounts and divide the rest.
Divorcing spouses in Texas may find comfort in learning that all these issues can be addressed in the time leading up to the divorce. An experienced divorce attorney, along with the resources available to him or her, can assist a client in planning post-divorce logistics of financial obligations. A lawyer will also be able to provide assistance in enforcing divorce orders if a client fails to resolve the issue personally with an ex-spouse.
Source: TIME, "Why Post-Divorce Finances Are Trickier Than You Think", Lili A. Vasileff, Nov. 18, 2015