From Pets to Passwords: The Surprising Divorce Details You Shouldn’t Ignore

By: Jarbath Pena Law Group PA

When you’re in the middle of a divorce, it’s completely understandable to want to get through it as quickly as possible and swiftly finalize everything so you can move forward with your life. But rushing through the process or overlooking key details now can lead to problems down the road—problems that may force you to return to court in a few years to fix issues you could have addressed from the start.

That’s why taking the time to get it right the first time is time well spent. We believe in the old adage that an ounce of prevention is worth a pound of cure. The right legal guidance from the compassionate advocates at Jarbath Peña Law Group can help you anticipate and sidestep future issues by being thorough now. We aim to help you carefully address every aspect of your divorce so you don’t have the frustration and expense of going back to court to request modifications later.

In the past issues of this series, we covered some of the most frequently missed issues. In this installment, we are diving into six more commonly overlooked—but deeply impactful—topics: sentimental personal property, pet custody, digital assets, life insurance, social media clauses, and planning for future disputes.

We know you’re juggling a lot right now. Our goal is to help lighten the load by making sure you’re protected, not just for today but for years to come.

Division of Personal Property and Sentimental Items

In the emotional whirlwind of divorce, it’s easy to focus on big-ticket assets like the house, vehicles, or retirement accounts. But personal property—especially items with sentimental value—can become emotional landmines if not addressed clearly and thoughtfully in your divorce agreement.

Under Florida law, marital property is divided using the principle of equitable distribution. That doesn’t always mean a perfect 50/50 split, but rather what is considered fair based on various factors, including each spouse’s contribution to the marriage, economic circumstances, and the desirability of retaining specific assets. Items acquired during the marriage—regardless of who bought them—are typically considered marital property. This includes everything from furniture and electronics to jewelry, artwork, and collectibles.

However, things often get tricky when an item’s emotional value far exceeds its financial worth. A set of kitchen knives might seem trivial compared to a retirement account, but if they were a wedding gift from a beloved relative, the emotional weight can be enormous. Sentimental items like family photos, heirlooms, children’s artwork, or even a well-worn couch passed down through generations aren’t easily replaced or valued on a spreadsheet.

Unfortunately, these deeply personal items are often treated as afterthoughts in the legal process, leading to confusion, regret, and lingering resentment.

Why This Becomes a Problem?

What seems minor during negotiations can become a major issue later. Let’s look at how this can happen:

• Emotional attachment exceeds financial value. Items like wedding gifts, heirlooms, family photos, and keepsakes may not carry much resale value, but their personal significance can be irreplaceable. When these are lost or withheld, it can feel like losing a part of your personal history or family legacy.

  
  

• Generic language in agreements causes confusion. Clauses such as “each party keeps their personal effects” or “items shall be divided equitably” sound tidy, but they’re rarely clear enough. Without specifics, people interpret these terms differently, especially when emotions are high. That leads to misunderstandings and sometimes drawn-out post-divorce legal battles.

  
  

• Abandoned items create disputes. When one spouse moves out and leaves things behind—sometimes unintentionally—it creates a gray area. The person remaining in the home might view those belongings as abandoned and feel justified in disposing of or keeping them. But without clear agreement terms, there’s little legal guidance to resolve the dispute.

  

  
  

The division of sentimental or personal items often doesn’t feel urgent, especially when you’re trying to move forward quickly. However, leaving these details vague or unresolved can set the stage for emotional fallout and legal disputes.

How to Avoid This

It might feel tedious to inventory everything during a divorce, but taking the time to be thorough now can save you from heartbreak and headaches later.

• Create an itemized list of all personal property, including sentimental items. Don’t just list the high-dollar items. Take note of things with emotional value—childhood mementos, gifts from family members, art made by your kids. If something matters to you, write it down.

  
  

• Be specific in your agreement. Spell out precisely who gets what, and set a deadline for when items must be retrieved. Avoid vague language: i.e., instead of “each party retains their personal belongings,” include specifics like, “Maria shall retain the cedar hope chest, wedding photo albums, and antique gold ring.” 

  
  

• Consider photographing high-value or meaningful belongings to avoid disputes later. Photos help create a visual record of what exists and can clarify the condition of the items at the time of the agreement. 

  
  

A little extra attention to detail now can help protect the things that matter most—and allow you to close this chapter with greater peace of mind.

Pet Custody and Care

To many families, pets aren’t just animals—they’re beloved household members. They provide companionship, comfort, and a sense of continuity, especially during difficult times like divorce. However, under Florida law, pets are still considered personal property. 

This legal framework can feel cold and inadequate, especially for couples who have jointly raised and bonded with their pets.

Why This Becomes a Problem

When the law doesn’t mirror the emotional reality of pet ownership, gaps in the agreement can lead to painful outcomes.

• No custody rights under the law. Because Florida law treats pets as property, the court typically awards one spouse full ownership. If your divorce settlement doesn’t specifically mention visitation or shared custody, the non-owning spouse has no legal right to see the pet again. This can be heartbreaking for people who helped raise and care for the animal but have no legal claim.

  
  

• Financial responsibilities. Pets can be expensive. Between vet bills, food, grooming, medications, and emergency care, the costs can add up quickly. If your divorce agreement doesn’t address how you will share these expenses—or who will take them on entirely—the burden may fall disproportionately on one party, potentially leading to resentment or financial strain.

  
  

• No backup plan. If the primary caregiver becomes ill, moves into housing that doesn’t allow pets, or can no longer provide proper care, what happens to the animal? Without a backup plan in your agreement, pets can end up neglected, rehomed, or even surrendered to a shelter. Clear planning protects the well-being of the pet and avoids future conflict.

  
  

In short, treating pet custody as an afterthought can create emotional wounds, financial surprises, and uncertainty for everyone involved—especially your pet.

How to Avoid This?

If your pet is part of your family, treat them as such in your divorce planning. Don’t leave their future to chance or a court that can only treat them as property.

• Decide on pet custody arrangements in writing. Be specific about who will have primary custody and whether the other party will have visitation rights. 

  
  

• Specify how expenses will be shared, including routine care and emergencies. Outline how you will handle or split costs like food, grooming, regular vet visits, and emergency medical care.

  
  

• Plan for the future—designate a secondary caregiver if the primary one can’t continue. Including a clause that identifies a backup caregiver ensures your pet won’t end up in limbo if circumstances change. 

  
  

A thoughtful pet care plan can ease the transition for everyone involved while protecting your pet’s best interests.

Digital Assets and Online Accounts

In today’s world, your digital life holds just as much value—sometimes more—than your physical possessions. From online banking and cryptocurrency to shared photo libraries and cloud storage, digital assets are tightly woven into our personal, financial, and emotional lives. Despite this, digital property is still frequently overlooked in Florida divorce agreements, leaving a trail of vulnerabilities, misunderstandings, and potential legal complications.

Under Florida’s equitable distribution laws, digital assets acquired during the marriage are subject to division, just like any other marital property. However, because many digital assets aren’t tangible or obvious, they can easily slip through the cracks. And unlike physical items, digital assets can often be copied, deleted, or accessed without permission—making it essential to address them with clear, enforceable language during divorce proceedings.

Why This Becomes a Problem?

Neglecting digital property in a divorce agreement creates loopholes that can be exploited—intentionally or not—causing privacy breaches, security risks, and financial disputes. These problems often stem from how easy it is to forget or underestimate the power and reach of our online lives.

Easily Overlooked Assets

Today’s digital landscape includes far more than email and social media. Couples often forget to divide or assign ownership of:

• Shared cloud photo libraries;

• Subscription services (Netflix, Spotify, etc.);

• Loyalty and rewards programs;

• Online storefronts or monetized content (Etsy, YouTube, etc.); and

• Cryptocurrency wallets and brokerage accounts.

  
  

When these are missed, they remain open to misuse or future conflict.

Risky Shared Access

Even after separation, it’s common for both parties to still have access to shared accounts—intentionally or not. Failing to change passwords, disable shared devices, or revoke account access can leave you exposed to unauthorized purchases. It can also give your ex access to sensitive communications or control over financial or legal documents stored in the cloud.

Unclear Ownership Leads to Misuse

Unlike a car or house, digital files and assets can be duplicated or erased in seconds. Without clear terms in your divorce agreement, one party may feel entitled to copy private photos, download legal or financial documents, or manipulate online profiles—actions that can have real legal and emotional consequences.

Ultimately, the absence of clear digital asset boundaries can lead to confusion, exploitation, and unnecessary re-litigation long after the divorce is finalized.

How to Avoid This

Your divorce agreement should treat digital assets with the same seriousness as physical property or financial accounts. This treatment protects your privacy and security while giving both parties a clean digital break. Here are key steps to prevent conflict and ensure clarity.

Start with a Full Inventory 

Create a comprehensive list of digital assets and accounts, including:

• Financial accounts (banking, crypto, PayPal);

• Media and subscription services;

• Shared file storage and photo backups;

• Social media or professional platforms; and

• Loyalty programs and digital business assets.

Be clear about who retains ownership, who loses access, and whether accounts should be closed, transferred, or divided.

Change Passwords and Security Settings Promptly

After the court finalizes your divorce—or even during the separation period—it’s important to:

• Reset passwords and enable two-factor authentication,

• Log out of shared devices and accounts, and

• Remove your information from any shared platforms or subscriptions.

Don’t assume your ex will respect digital boundaries; take proactive steps to enforce them.

Include Clear Language in Your Agreement

Your settlement should contain a clause stating that neither party may access, use, or interfere with the other’s digital accounts, devices, or stored data. Such a clause would create enforceable protections and can serve as a deterrent to inappropriate behavior.

By taking digital assets seriously in your divorce planning, you safeguard your property, privacy, peace of mind, and future security.

Life Insurance Policies

Life insurance may not be the first thing you think about when navigating divorce, but it plays a critical role in protecting your children or dependents if something happens to the supporting spouse. In Florida, life insurance is often included in divorce agreements to ensure that child support or alimony continues—even after the payer’s death. However, simply adding it to the agreement isn’t always enough.

What many people don’t realize is that life insurance requires regular oversight. If policies aren’t actively maintained, updated, and enforced, the intended financial protection can quietly disappear—leaving children, former spouses, or dependents without the promised support. And unfortunately, without specific legal safeguards in place, it’s often too late to fix once a crisis occurs.

Why This Becomes a Problem?

Without proper planning and follow-up, life insurance clauses in divorce agreements can become empty promises. The breakdown usually stems from a lack of enforcement, clarity, or ongoing communication. Here are some of the most common issues:

• Policies can lapse without notice. Life insurance is only helpful if it stays active. If your ex stops paying the premiums, you might not find out until after their death—when it’s too late to take corrective action.

  
  

• Beneficiaries are not always updated. Just because the divorce agreement says the children should benefit doesn’t mean the insurance paperwork reflects that. If an ex-spouse forgets—or intentionally fails—to change the beneficiary designation, the money may go to someone else entirely.

  
  

• No follow-up process exists. Many divorce agreements mention life insurance as a requirement, but they don’t include language that mandates proof of compliance. Courts may approve the requirement but won’t monitor whether the policy stays in effect unless you ask for it.

  
  

In short, unless you take steps to track and enforce the policy, your dependents could be left financially unprotected.

How to Avoid This

Protecting your children or dependents with life insurance only works if you include clear terms and enforceable processes in your divorce agreement. Don’t assume good intentions will hold up over time—plan for accountability.

Include Specific Terms in Your Settlement

 Your agreement should clearly state:

• The amount of required coverage;

• The duration (e.g., until the child turns 18 or completes college); and

• The named beneficiaries (e.g., “the children, via a trustee”).

Such provisions remove ambiguity and make the obligation legally enforceable.

Require Annual Documentation

To ensure the policy remains in effect and properly updated, include a clause requiring:

• Annual proof of current coverage,

• Confirmation of premium payments, and

• Copies of updated beneficiary designations.

A yearly check-in gives peace of mind and catches issues early.

Reference Florida Law When Appropriate

Florida Statute § 61.13 specifically allows the court to require life insurance as part of child support arrangements. Citing this statute in your agreement strengthens the enforceability and shows the court you’re not asking for anything outside the law.

By putting these safeguards in place, you’re not just protecting a policy—you’re protecting your children’s future, even in circumstances no one can predict.

Social Media Clauses

Social media can be a source of stress, especially during and after divorce. A single careless post can escalate conflict, damage reputations, or hurt children. Without clear guidelines, emotions can spill into the digital world and make co-parenting more difficult.

Why This Becomes a Problem

• Posts can cause legal trouble. Negative or disparaging posts may be used as evidence in future court hearings.

• Children’s privacy isn’t protected. One parent might share photos or updates the other doesn’t agree with.

• Ongoing contact via social media causes conflict. Staying “connected” online can lead to unhealthy monitoring or communication.

  
  

Example

Sara vented on Facebook about her ex, calling him names and making accusations. The post went viral in their community. Her ex used it in court to argue that she lacked good judgment, and the judge reduced her parenting time.

How to Avoid This

Social media posts can hurt, so take the following steps:

• Include a mutual non-disparagement clause for social media in your agreement;

• Decide how your children’s images and personal information can (or cannot) be shared online; and

• Discuss whether you’ll unfriend, block, or restrict social media access post-divorce.

  
  

Deciding these things upfront can make life go more smoothly later.

Contingency Plans for Future Disputes

Even the most carefully crafted divorce agreement can’t anticipate everything life will throw at you. Children grow, careers change, and unforeseen events—like illnesses, relocations, or financial shifts—can challenge even the most amicable co-parenting dynamic. That’s why it’s so important to make a plan for what happens when things don’t go according to plan.

In Florida, once the court finalizes your divorce, modifying it often requires court intervention—unless you’ve already laid out a clear process for handling disagreements. By including practical contingency measures in your divorce documents, you can avoid unnecessary legal battles and resolve issues more efficiently and respectfully.

Example

Ben and Kate shared custody of their two kids under what they thought was a fair and flexible agreement. One summer, Kate’s work schedule changed unexpectedly, and they disagreed about how to divide the upcoming break. Because their agreement didn’t outline any method for resolving scheduling conflicts, they ended up hiring attorneys and taking the issue to court—just to figure out who had the kids for two weeks in July. The legal fees and stress far outweighed the issue itself, and both parents were left frustrated and exhausted.

How to Avoid This

Adding a few simple provisions to your agreement can make a big difference when life throws you a curveball. These clauses aren’t just legal tools—they’re peacekeeping measures.

Include a Mediation or Arbitration Clause

Rather than jumping straight to litigation, your agreement can state that future disputes must first be handled through:

• Mediation with a neutral third party,

• Arbitration if mediation fails or is declined, and

• Court only as a last resort.

This reduces tension, encourages compromise, and saves money.

Clarify When and How Parties Can Make Modifications

You will want to specify the following:

• What kinds of changes (e.g., to parenting time, child support, or relocation) are permitted;

• The process for proposing changes—such as written notice or consultation with a mediator; and

• Timeframes or triggers for reviewing the agreement (e.g., every two years, or when a child starts school).

  
  

A clear roadmap helps everyone know what to expect.

Build in Flexibility, But Define Boundaries

Yes, parenting schedules should allow for flexibility. But make sure your agreement also:

• Outlines how schedule changes should be proposed (text, email, phone call);

• Sets expectations for response times; and

• Identifies who has the final say if there’s no agreement.

Flexibility works best when it’s framed with structure.

By planning for disagreement now, you can avoid escalation later. The goal isn’t to control the future—it’s to create a path forward when things inevitably shift.

Final Thoughts

The seemingly small issues in a divorce often have the biggest long-term impact. Sentimental belongings, pet care, and even shared Netflix passwords may not seem critical at the time—but they can create real friction down the road. Taking the time to address these overlooked areas in your divorce agreement now will save you stress, time, and money later.

At Jarbath Peña Law Group, we’re committed to helping you get it right the first time. We know this isn’t just about paperwork—it’s about your life, your future, and your peace of mind. If you’re preparing for divorce or need to revisit an existing agreement, give us a call or contact us online. We’re ready to help you move forward with clarity, confidence, and compassion.