Divorce is one of the most emotionally and financially complex events a person can navigate. Most people going into a divorce are focused on the obvious: who gets the house, how custody will be divided, and what happens to retirement accounts. Those are critical issues, no question. But in the rush to resolve the big-ticket items, it’s surprisingly easy to overlook details that can quietly cost you thousands of dollars, years of legal headaches, or lasting damage to your financial future.
Whether you’re just beginning the process or already deep in negotiations, here are five things that often slip through the cracks — and why paying attention to them now can make a significant difference later.
1. The Tax Consequences of Asset Division
When you and your spouse divide assets, you’re not always splitting equal value — even when the numbers look the same on paper. Tax liability is the silent variable that most divorcing couples completely ignore until it’s too late.
Consider two scenarios: you receive the family home valued at $400,000, and your spouse receives $400,000 in a brokerage investment account. On the surface, that looks even. But if the home has a cost basis of $150,000, selling it later could generate a $250,000 capital gain. Meanwhile, the brokerage account might have its own built-in gains depending on when the investments were purchased. The after-tax value of each asset can be dramatically different from its face value.
The same logic applies to retirement accounts. A traditional 401(k) worth $200,000 is entirely pre-tax money — every dollar you withdraw in retirement will be taxed as ordinary income. A Roth IRA of the same face value, however, has already been taxed and grows tax-free. These are not equivalent assets.
Before you agree to any property settlement, ask your attorney to work alongside a CPA or financial advisor who can model the actual after-tax value of what you’re receiving. The few hundred dollars you spend on that consultation could save you tens of thousands down the road.
2. Your Digital Assets and Online Accounts
We live in a digital world, and most divorce checklists haven’t fully caught up. Beyond the obvious social media passwords, there are financial and legal assets hiding in plain sight online that are easy to miss and harder to recover once the divorce is finalized.
Cryptocurrency is the most obvious example. Bitcoin, Ethereum, and other digital assets held in private wallets can be extraordinarily difficult to trace and value — and a spouse who knows more about tech than you do has every incentive to obscure them. If there’s any possibility that your spouse holds digital currency, you need a forensic accountant or digital asset expert involved early.
But crypto is just the beginning. Think about airline miles and hotel points accumulated during the marriage — those can represent thousands of dollars in travel value. Subscription services, PayPal balances, Venmo accounts, digital storefronts (like an Etsy or eBay seller account), domain names, and even gaming accounts with real-world value can all become contested marital property. If your spouse runs an online business or sells anything digitally, the income records and intellectual property associated with that business may also need to be fully disclosed and valued.
Make a comprehensive list of every digital account, subscription, and asset you’re aware of before your first consultation with your attorney.
3. The Cost of Keeping the House
For many people, especially parents with children, keeping the family home feels like the only emotionally acceptable outcome. It provides continuity for the kids. It’s the place you’ve built memories. It feels like stability in the middle of chaos. All of that is understandable — but it can also lead people to make financially devastating decisions.
Here’s the reality check: can you actually afford the house on a single income? Before you fight for it, run the real numbers. That means the mortgage payment, yes, but also property taxes, homeowner’s insurance, HOA fees if applicable, utilities, and — critically — maintenance and repairs. The HVAC system that’s been limping along, the roof that needs replacing in the next few years, the deferred renovations: all of that falls to you alone if you keep the house.
There’s also the question of refinancing. If the house currently carries a joint mortgage, you’ll generally need to refinance in your name alone to remove your spouse from the loan. That means qualifying based on your income and credit alone. If you can’t qualify for the refinance, you may not be able to keep the house regardless of what the divorce decree says.
An experienced Fort Worth divorce attorney can help you think through not just whether you’re entitled to the home, but whether keeping it actually serves your long-term financial interests — and what alternatives might make more sense.
4. Health Insurance and Benefits Gaps
If you’ve been covered under your spouse’s employer-sponsored health insurance, divorce triggers the loss of that coverage. Most people know this at a surface level, but few truly plan for what comes next — and the gap can be both dangerous and expensive.
Under federal law (COBRA), you have the right to continue coverage under your spouse’s employer plan for up to 36 months after divorce. The catch? You pay the full premium, which is typically far more than the employee contribution your spouse was paying. Depending on your health, COBRA could cost you $600, $800, or even over $1,000 per month.
If you’re in reasonable health and relatively young, purchasing your own plan through your state’s health insurance marketplace may be significantly cheaper — especially if your post-divorce income qualifies you for subsidies under the Affordable Care Act. But there are enrollment windows and deadlines that apply, and missing them can leave you uninsured.
Beyond health insurance, don’t forget to account for other employer benefits you may have been indirectly enjoying: life insurance (you’ll want to change beneficiaries), dental and vision coverage, flexible spending accounts, and any pension or survivor benefit your spouse’s employer may offer. All of these need to be addressed explicitly in your divorce settlement.
5. The Impact on Your Estate Plan — and Your Children’s Inheritance
Divorce automatically revokes some estate planning documents in Texas, but not all of them — and the gaps in that protection can create nightmares for your family if something happens to you before you update everything.
Your will, powers of attorney, and healthcare directives all need to be revisited immediately. But beyond the basic documents, consider your beneficiary designations. Life insurance policies, retirement accounts (401(k)s, IRAs, pensions), and certain bank accounts pass directly to whoever is named as beneficiary — completely outside of your will and regardless of what any divorce decree says. If your ex-spouse is still named as the beneficiary on your $500,000 life insurance policy when you die, they receive that money. Full stop.
If you have children, you also need to think carefully about guardianship designations and the structure of any trusts or inheritances that pass through you. In blended family situations, the stakes are even higher. A remarriage — yours or your ex-spouse’s — can complicate inheritance in ways you may not anticipate without proper planning.
Make an appointment with an estate planning attorney as soon as your divorce is finalized. Some attorneys recommend updating your basic documents even before the divorce is complete, to the extent permitted by law.
The Bottom Line
Divorce is never simple, but walking into it informed is one of the most powerful things you can do for yourself and your family. The five issues above don’t always make it onto the checklist — but they absolutely should. Tax consequences, digital assets, the real cost of keeping the home, health insurance gaps, and estate planning updates can each have consequences that outlast the divorce itself by years or even decades.
The right legal team will help you see the full picture, not just the immediate headline issues. Take the time to think broadly, plan carefully, and surround yourself with professionals who can help you protect your future.