Legal Implications of Divorce

A divorce will have a number of legal implications.

A divorce can have a traumatic emotional effect on both parties. Divorce can also have serious legal implications that will affect the parties for years to come. For that reason, each party should consider the legal implications of the divorce during the divorce process.

Taxes

A divorce will affect your filing status once the divorce has been finalized. After the divorce you will most likely either have to file as single or head of household. If children are involved, you may be allowed to claim them as dependents every other year, every year or not at all, depending on the terms of your divorce decree.

Benefits

Many benefits can be affected when a couple gets a divorce. Insurance benefits can be lost. Life insurance beneficiaries can change. Social Security benefits and pension benefits can be altered or lost completely.

Wills

Many states allow a spouse to make a claim against an estate when a spouse dies even if they are not specifically named in a will. However, any inheritance that you may have been entitled to in the event your spouse died will likely be lost once you are divorced.

Parenting

The legal implications of a divorce on your parenting rights can be significant. State laws vary, but in most states if you do not have shared legal custody of your children then you may not be entitled to contribute to decisions regarding schooling, medical treatment and religion.

References

• Community Legal Information Centre: General description of the legal consequences of divorce