This letter may be adapted for use with representations other than for a divorce.
Letter to Client at Conclusion of Representation
[Date]
[Name and address of client]
Re: [style of case]
[Salutation]
Thank you for allowing us to represent you in your [specify type of action]. We hope you have been pleased with our representation, and we invite any comments, good or critical, that would assist us in our representation of future clients.
Now that our representation of you is concluded, I want to make suggestions to tie up loose ends.
1.As you know, we hold certain originals or copies of documents in connection with your case. Please call to set up a time to pick up any documents you want to keep. We will retain your file for [period of time], after which it will be destroyed.
2.If you had health insurance under your ex-spouse’s group employment insurance, you have the right under federal law to convert your coverage into your name in accordance with COBRA. You have only thirty days, however, from the date the decree was signed to give notice to your ex-spouse’s employer and insurance company that you are making that election. You must do so within the thirty-day period, or you may waive your ability to have this coverage. Please contact me immediately if you have any questions concerning this issue.
3.If you have not already done so, please consider having a new will prepared to make certain the people you want will receive properties owned by you in the event of your death. Please call me if you would like our office to handle this matter for you or refer you to another attorney.
4.Because a will may not affect certain assets (retirement plans, financial accounts, and life insurance), please contact the companies through whom you have those assets and sign whatever documents they require to change beneficiaries.
5.If your address has changed or if your name was changed in the decree, please contact the following to determine what you need to do to change your information on their records:
Social Security Administration at [address or telephone number];
Department of Public Safety Driver’s License Division at [address or telephone number];
Credit card companies;
Insurance—vehicle, home, life, and so forth;
Internal Revenue Service at 800-829-1040;
Mortgage holders;
Utilities on your residence;
State licensing agencies; and
U.S. Department of State, to change your name on your passport. (For information, log onto https://travel.state.gov/content/travel/en/passports.html.)
If your name was changed, it may not be possible to change your driver’s license until you have received your new Social Security card. And because many of the others will require the driver’s license change before they will modify their records, we suggest you contact the Department of Public Safety Driver’s License Division first.
6.Specifically in connection with the Social Security issue, because you were married to your ex-spouse for at least ten years, at age sixty-two you will be able to apply to draw Social Security benefits on your own account or on your ex-spouse’s account, depending on which will benefit you more. However, please note that you may lose your right to draw Social Security benefits on your ex-spouse’s account if you remarry someone other than your ex-spouse. For more information, I recommend that you seek advice from a financial professional with expertise in Social Security benefits.
7.In connection with the child issues in your case:
a.You should notify schools or day-care facilities of any changes in the pickup or delivery schedule and whether there are any changes in who has authority to pick up your child.
b.You should advise the school if there are any changes of address or telephone number for either party so that each parent will receive notices, mailings, and reports.
c.If any of the events occur as set forth in the decree to require the notifications also listed in the decree (such as change of address or employment), you should make the required notifications immediately.
8.In connection with properties you were awarded:
a.You will need to record any documents necessary to transfer title into your name. You will also need to contact the holder of the mortgage to make certain all escrow deposits and any other benefits (such as private mortgage insurance) accruing from your ownership of the property are also transferred into your name.
b.We have secured a power of attorney on the vehicle(s) awarded to you. You should take this power of attorney, the title(s) to the vehicle(s), and evidence of liability insurance to the auto registration office at [address] to have the title(s) changed to your name.
c.If you were awarded a portion of a retirement plan, you will need to submit to the plan administrator the necessary qualified domestic relations order (QDRO) to transfer your portion into an account solely in your name. Once the QDRO has qualified with the plan requirements, the plan administrator will send certain documents directly to you. I strongly recommend that you seek the advice of a financial planner or tax advisor to obtain advice regarding your options, including whether you should roll the account over into another type of plan, and the consequences thereof.
d.You should also review the payee of the survivor benefits under your 401(k) or other retirement plan. Sometimes the grant of a divorce will not have the effect of changing the beneficiaries.
e.Please contact the insurance companies on any life insurance policies you received or policies covering any asset you received (your house, vehicle, and so forth) to make certain all transfer and other forms have been signed to properly effectuate the intent of the decree.
9.Specifically in connection with financial accounts that were awarded to you (bank accounts, individual retirement accounts, stocks and bonds, and so forth), please contact the financial institutions holding those accounts and follow their advice to make certain your ex-spouse’s name is not on the accounts and that your ex-spouse has no authority over the accounts.
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10.You should take care to change any computer or phone passwords to ensure your Internet privacy.
11.As stated in our initial letter to you, we do not give tax advice. Accordingly, please contact a certified public accountant, accountant, or other person whom you choose and make certain you have everything from the divorce proceeding that you will need for preparation of your next tax return and to make certain you take whatever action may be required that will be necessary or that may benefit you in the payment of taxes.
Again, thank you for allowing us to represent you. If you have any questions about this letter, your file, or our representation, now or in the future, please do not hesitate to give me a call.
Sincerely yours,
[Name of attorney]