Several important provisions are frequently overlooked in divorce decrees, despite their significant impact on post-divorce life. If you are contemplating divorce, but have not considered these issues yet, thinking them over and formulating plans you would like to implement will help result in a much softer landing:
1. Specific custody and parent-time schedules and processes for holidays and special occasions – Many decrees include basic custody arrangements but fail to address detailed holiday schedules, birthdays, school breaks, or summer vacations, leading to ongoing conflicts. Pro tip: don’t want to make schedules too complex and restrictive; build in the reasonable flexibility your children and the parents will need.
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- Many decrees outline only general custody and visitation schedules without addressing specific holiday schedules, travel permissions, communication guidelines, or provisions for resolving disputes about parenting time.
- Why It’s Important: Without a clear schedule, conflicts can arise over missed parent-time, holiday arrangements, or extended family involvement.
2. Decision-making authority for child-rearing – While legal custody is often mentioned, the decree may fail to clarify how major decisions regarding education, medical treatment, religious upbringing, or extracurricular activities will be handled.
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- Why it’s important: Parents may later disagree on these issues, leading to costly legal battles.
3. Child Support Add-Ons and Adjustments – Many decrees specify a base child support amount but fail to address:
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- How medical, dental, and extracurricular expenses will be split.
- Who will cover health insurance and how uninsured expenses will be handled.
- How support obligations will be adjusted as children grow or if a parent’s financial situation changes.
- Why it’s important: Unexpected expenses can create financial strain and resentment if not preemptively addressed.
4. Provisions for future dispute resolution – Mechanisms like a mediation requirement before returning to court can save significant time and money when disagreements arise. Pro tip: ensure that your dispute resolution procedures make scheduling a mediation session quick and easy and hard to weasel out of, so that the dispute is addressed timely.
5. College expense allocations – In many jurisdictions, college expenses aren’t automatically addressed, so specific provisions about who pays for children’s higher education can prevent future disputes. Pro tip: In Utah, there is no law that requires parents of adult children (i.e., those who have reached the age of majority (18 years of age) to pay for their children’s college education, so if anyone tells you that you are legally bound to do so, he/she is lying to you. It’s not necessary to include in the settlement agreement or the decree of divorce provisions for funding a child’s college education. Don’t obligate yourself to pay for something you are not required to pay and may not be able to pay in the future.
6. Life insurance to secure support obligations – Provisions requiring parties to maintain life insurance policies with the ex-spouse or children as beneficiaries, especially when child support or alimony is involved. Pro tip: If you’re the one who is paying alimony and/or child support (and will thus have your life insured), you could have your ex-spouse be the one who is responsible to pay for the insurance policy premiums, or provide that the cost of the premiums comes out of what you pay by way of alimony and child support. Argue that the idea you have to pay support and pay for the insurance securing those support payments is double-dipping.
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- Why it’s important: If the supporting parent dies, the receiving parent may be left without financial support.
7. Tax provisions beyond dependency exemptions – Comprehensive tax arrangements addressing who claims the minor children, how to handle refunds from joint returns, and tax implications of property transfers. Pro tip: don’t expect your divorce lawyer to be an expert on tax law; don’t be surprised or upset if your divorce attorney wants to consult with an accountant to ensure you get the tax details of divorce worked out correctly. A good attorney will know his/her limits and consult experts as needed.
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- Failing to address tax implications can lead to disputes over:
o Who claims the children as dependents.
o Who claims mortgage interest or other deductions.
o How capital gains taxes on assets will be handled.
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- Why it’s important: Improper tax planning can lead to unexpected financial burdens.
8. Procedures for selling jointly owned property – Detailed timelines, responsibilities, and contingency plans if property doesn’t sell within expected timeframes. Pro tip: Review Rule 70 of the Utah Rules of Civil Procedure with your divorce attorney.
9. Protocols for relocations – Clear notice requirements and processes if either parent wishes to move a significant distance. Pro tip: Ensure your attorney is familiar with Utah Code § 81-9-209. Notice of relocation — Effect of relocation on parent-time schedule, and incorporates its provisions into the decree of divorce.
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- Many decrees fail to include provisions limiting a parent from moving out of state or a certain distance away with the children.
- Why it’s important: Without a clear relocation clause, one parent may move far away, disrupting the child’s relationship with the other parent.
10. Division of retirement accounts – Decrees may state that retirement assets will be divided but fail to specify the mechanism for division, such as a Qualified Domestic Relations Order (QDRO) for 401(k)s or pensions.
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- Why it’s important: Without proper legal steps, one spouse may not receive his/her share of the retirement funds.
11. Responsibility for debt – Some decrees divide assets but do not clearly assign responsibility for debts like joint credit cards, car loans, or tax obligations. Pro tip: Include an “indemnify and hold harmless” provision in the decree.
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- Why it’s important: Creditors may still hold both spouses accountable, regardless of what the decree says.
12. Division of personal property – Decrees often divide major assets but fail to specify how household items, furniture, heirlooms, and sentimental items will be divided.
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- Why it’s important: This can lead to post-divorce disputes and costly court battles over seemingly minor belongings. Pro tip: Prepare an inventory of all of the personal property being divided between you and your spouse and include that in your settlement agreement and/or decree of divorce.
13. Digital asset division – Addressing online accounts, digital purchases, and intellectual property rights. Pro tip: Make sure the decree of divorce provides 1) for cancellation of any services or subscriptions that may need your spouse’s approval/signature to cancel; and 2) for transfer of responsibility or ownership of services or subscriptions into the name of the party who will be taking over particular services/subscriptions.
14. Pet custody and care arrangements – Details about pet ownership, visitation, and veterinary expense responsibilities. Pro tip : Unless you are extremely attached to pets, treating pets like children (with custody and visitation provisions) is unnecessary entanglement with your ex-spouse. Better to get a replacement pet. Please don’t take this as being anti-pet—it’s a compassionate consideration for your pets.
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- Why it’s important: Courts are increasingly recognizing the emotional significance of pets, making clear provisions essential. Pets are considered property, and many decrees fail to specify custody arrangements, decision-making authority, and responsibility for veterinary expenses.
15. Provisions for updating estate planning documents – Requirements and deadlines for revising wills, trusts, and beneficiary designations. Pro tip : Review with your divorce attorney Utah Code § 81-4-406(3)(d) and these Utah Code Sections from the Utah Uniform Probate Code:
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- 75-2-802 Effect of divorce, annulment, and decree of separation.
- 75-2-804 Definitions — Revocation of probate and nonprobate transfers by divorce—Effect of severance—Revival—Protection of payors, third parties, and bona fide purchasers—Personal liability of recipient—No revocation by other changes of circumstances.
16. Name Change Provisions – Some spouses wish to revert to their maiden name after divorce, but if not explicitly included in the decree, they may face additional legal hurdles later.
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- Why it’s important: This avoids extra time and costs of changing a name through a separate legal proceeding.
A well-drafted divorce decree should be as specific as possible to prevent post-divorce disputes. While attorneys may focus on the immediate division of assets and custody, these often-overlooked provisions can prevent costly and stressful legal battles down the road for all family members.
Provisions to help prevent future litigation and provide clear guidance when circumstances change are worth the effort to create. While it’s impossible to anticipate every future scenario, addressing these commonly overlooked areas can significantly reduce post-divorce conflict and expenses.
You will want to review the provisions of the Utah Code that apply to you in divorce. Here is the link to start with: Title 81. Utah Domestic Relations Code
- Chapter 1. General Provisions
- Chapter 2. Marriage
- Chapter 3. Rights and Obligations During Marriage
- Chapter 4. Dissolution of Marriage
- Chapter 5. Uniform Parentage Act
- Chapter 6. Child Support
- Chapter 7. Payment and Enforcement of Spousal and Child Support
- Chapter 8. Uniform Interstate Family Support Act
- Chapter 9. Custody, Parent-time, and Visitation
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