10 Things You Probably Didn’t Know About Divorce
Knowledge is power! Here are 10 aspects to divorce that many people going through the process may not be aware of:
- Gifts from your spouse aren’t always yours to keep.
In some states, gifts exchanged during marriage can be considered marital property and divided in divorce. - Pets are usually treated like property.
In many states, your dog or cat is legally no different from a couch in the eyes of the court — though a few states now consider the pet’s best interest. - Debt gets divided, too.
If your spouse racks up credit card debt during marriage — even without your knowledge — you may still be on the hook for part of it. - Retirement accounts can be split.
Pensions, 401(k)s, and IRAs earned during marriage are often considered marital property, even if only one spouse’s name is on them. - Moving out can affect custody negotiations.
Leaving the marital home before a custody arrangement is in place could be used against you in determining where the kids live. - You might still be entitled to part of future bonuses.
Work bonuses, commissions, or stock options earned during marriage but paid out after separation can still be divided. - The “date of separation” matters — a lot.
That date can determine what’s considered marital vs. separate property, so it’s worth knowing how your state defines it. - Changing your will or beneficiaries mid-divorce can be tricky.
Some states have automatic restraining orders that prevent making certain financial changes once divorce is filed. - Mediation isn’t just for “amicable” splits.
Even in high-conflict cases, mediation can resolve more issues than you might expect — saving time, money, and stress. - Divorce doesn’t always mean selling the house.
Some couples agree to “nesting” — where the kids stay put and the parents take turns living in the family home.