Pre-Divorce Planning Checklist

Massachusetts Pre-Divorce Planning Checklist

Pre-Divorce Planning Checklist

1. Start Saving Money

When facing a divorce, you need a cash cushion to cover household and living expenses. If you do not work or cannot support yourself, save at least one to two months of expenses. The spouse who usually pays bills may stop helping, especially in a contested case. While the court can issue temporary orders or other court orders for support, you may wait weeks for a hearing. Having funds ready saves time and money and reduces stress.

Set aside cash and review your checking and savings accounts to ensure you can pay for essentials while the process begins.

Tip: Open a separate bank account in your name only so you can build savings and maintain financial independence during the divorce process.

2. Gather Financial and Legal Information

Massachusetts requires both spouses to exchange financial and legal information once the case is filed. Collect bank statements, tax returns, loan applications, and account summaries. Include details about your retirement account, credit card balances, and any social security benefits. Having these documents ready allows your attorney to prepare quickly and avoids last-minute stress.

Tip: Keep both digital and paper copies of your records in a secure location that your spouse cannot access.

3. Plan for Parenting and Family Relationships

If you and your spouse struggle to co-parent, consider a parenting coach or coordinator. These professionals reduce conflict and improve communication. They help protect family relationships and minimize disputes over parenting schedules. Keep in mind that decisions about children often involve family members beyond just parents, and may be guided by Massachusetts divorce laws.

Tip: Write down a proposed parenting schedule that prioritizes your children’s routines and needs before attending mediation or court.

4. Find a Divorce Attorney

A skilled divorce attorney makes a major difference. Choose someone local, responsive, and professional. If your divorce is likely to be contested, your lawyer will protect your rights at every step. If you expect an amicable divorce, your lawyer can streamline the process and reduce conflict. At Wright Family Law Group, we focus on outcomes that protect children, respect divorce laws, and reflect practical financial solutions.

Tip: Meet with more than one attorney before deciding; choose someone who clearly explains your options and aligns with your goals.

5. Create a Budget

Your finances may change significantly after divorce. Losing your spouse’s income may affect your lifestyle, but some expenses may also decrease. A post-divorce budget shows where you stand and helps prevent surprises. Track spending on essentials, debts, and savings. Planning early allows you to manage time and money effectively.

Tip: Use a budgeting app or spreadsheet to track every expense for at least three months—this helps you and your attorney calculate realistic support needs.

6. Build a Support System

Divorce is emotionally difficult. Surround yourself with supportive friends, family, and professionals. Many benefit from counseling or group support. Therapy can help you process emotions and adjust to changes in family relationships. Divorce support groups like DivorceCare provide community and guidance when you or a family member are going through major changes.

Tip: Identify at least one trusted friend or professional you can call when you feel overwhelmed, and schedule regular check-ins.

7. Review Your Credit

Get a copy of your credit report early. Check for errors or accounts you do not recognize. If your spouse has access to joint credit card accounts, close or separate them to protect your credit. Share this information with your lawyer so debts can be divided fairly. Staying proactive helps maintain financial stability and ensures compliance with divorce laws regarding division of assets.

Tip: Freeze your credit temporarily if you are concerned about unauthorized accounts being opened in your name.

8. Secure Your Communication

Open a post office box to ensure privacy. This prevents your spouse from accessing important mail, including legal information or notices related to court orders. Consider using a dedicated email address for divorce-related communication to keep everything organized and secure.

Tip: Use encrypted messaging or secure email services for sensitive conversations with your attorney.

9. Protect Important Accounts

Gather information on checking and savings accounts, investment accounts, and your retirement account. Make a list of all account numbers, balances, and logins. These details help your attorney prepare accurate financial statements and protect your interests during asset division under Massachusetts divorce laws.

Tip: Change online passwords immediately and remove your spouse’s access to joint accounts where possible, but consult your attorney before moving or withdrawing large sums.

10. Educate Yourself About Divorce Laws

Every state has unique rules governing divorce. In Massachusetts, spouses must meet residency requirements, file a complaint for divorce, and follow state-specific rules on alimony, child custody, and division of assets. Understanding these divorce laws helps you set realistic expectations and avoid surprises. An attorney can explain how court orders may affect spousal support, property division, and parenting time.

Tip: The Massachusetts Court System website provides resources and forms if you want to review basic legal information before speaking with an attorney.

11. Review Health Insurance Coverage

Divorce can significantly affect health insurance. If you are covered under your spouse’s employer plan, you may lose access once the divorce is finalized. Massachusetts law allows you to continue coverage under COBRA for a limited time, but the cost can be high. Research alternative health plans early to avoid a gap in coverage.

Tip: Ask your employer or an insurance broker about options. Keep documentation, as courts may ask for proof of coverage when making court orders regarding child support or alimony.

12. Protect Your Digital Accounts and Privacy

In today’s digital age, protecting online information is as important as securing financial records. Change passwords for email, online banking, cloud storage, and social media accounts. If you share family devices, create new user accounts or purchase a private device to safeguard sensitive legal information.

Tip: Enable two-factor authentication on all critical accounts. Unauthorized access can complicate divorce proceedings and may even be considered a violation of privacy laws.

13. Understand Property Division Rules

Massachusetts follows the principle of “equitable distribution,” which means marital property is divided fairly, not necessarily equally. Property acquired during the marriage—including real estate, retirement savings, and business interests—may be subject to division. Understanding how divorce laws handle marital vs. separate property helps you set realistic expectations.

Tip: Make a list of all assets and debts, including those jointly owned with a family member (e.g., inherited property). This will help your attorney negotiate effectively.

14. Consider Tax Implications

Divorce can affect your tax filing status, deductions, and obligations. Child support is not taxable, but alimony may be treated differently depending on the year your divorce is finalized. Property division may also have tax consequences if you sell or transfer assets. Planning ahead ensures fewer surprises at tax time.

Tip: Consult with a tax professional before finalizing agreements. Courts often encourage parties to understand the long-term financial impact of settlements.

15. Make a Housing Plan

Decide where you will live during and after the divorce process. Staying in the marital home may not always be possible or practical, especially if the property is subject to division. Renting, downsizing, or moving in with a supportive family member are common temporary solutions.

Tip: Judges may consider the stability of your housing arrangements when issuing court orders about custody and parenting time.

16. Update Your Estate Planning Documents

Many people overlook estate planning during divorce. Wills, trusts, powers of attorney, and beneficiary designations on life insurance or retirement accounts may still name your spouse. Updating these documents ensures your assets go to the right people if something happens unexpectedly.

Tip: In Massachusetts, certain changes cannot be made until the divorce is final. Speak with your attorney to determine what updates are legally allowed during the process.

17. Prioritize Your Emotional Health

Divorce is a stressful life event that can affect your mental and physical health. Building resilience through counseling, exercise, journaling, or mindfulness can help you cope. Remember, your well-being directly affects your ability to make good decisions for yourself and your children.

Tip: If you feel overwhelmed, reach out for professional support. Courts respect parents who take steps to manage their emotional health while maintaining strong family relationships.

18. Learn About Mediation and Alternative Dispute Resolution

Not all divorces need to be fought in court. Mediation, collaborative divorce, or arbitration can provide more privacy, flexibility, and lower costs compared to litigation. These approaches allow couples to resolve disputes outside of court while still ensuring that agreements comply with Massachusetts divorce laws.

Tip: Mediation is particularly helpful for parents who want to preserve positive family relationships and avoid high-conflict custody battles.

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