Compliance Inbox: Divorce Decrees

Question: Do we need to obtain a copy of a divorce decree when an applicant or resident has been divorced for more than two years?

Answer: Generally, no. Affordable housing regulations do not explicitly require a divorce decree simply because a person is divorced.

Tenant file documentation should support an accurate eligibility determination — not collect personal documents that do not impact household composition, income, assets, or program requirements.

A divorce decree may be appropriate when it is needed to verify information provided that could impact eligibility determinations, such as child support, alimony, household composition, assets, or other financial obligations. Keep in mind though that most of these eligibility factors can be verified through other means. For example, receipt of child support can be verified through the local child support office, and alimony payments can be verified by the providing party or an attorney, and so on.

The key question should always be: What compliance requirement are we verifying with this document?

If the purpose of collecting a divorce decree is simply to investigate the validity of information provided by an applicant or resident, I recommend reconsidering that approach. Affordable housing programs require documentation to support eligibility decisions, but they do not require management to independently verify every statement made. For example, management verifies unemployment income when a household reports receiving it — not by contacting the unemployment office for every non-employed household member that does not report it. That is unnecessary and time-consuming leg work that delays processing the file.

Also, the length of time since the divorce does not determine whether documentation is necessary. A person divorced ten years ago may still receive alimony or have other court-ordered obligations, while a person divorced a year ago may not.

Your management company may choose to require divorce decrees in certain situations. If so, just know this is a preference for your company. It is important to have a policy clearly explaining when the divorce decree would be required, why it is the only document that can be obtained to verify the information, and that policy must be applied consistently to all applicants and residents. You should also consider potential fair housing implications when writing your policy to avoid potential discrimination complaints.

Remember: A strong compliance process is not about collecting the most paperwork possible. It is about collecting the right documentation to support the eligibility decision.

Key Compliance Follow Up: If this was your question, and you would like to discuss further, please feel free to reach out to me directly!

**Disclaimer: Questions and answers shared through The Compliance Inbox are for educational purposes only and should not be considered legal advice or a replacement for reviewing applicable regulations, program guidance, or property-specific requirements. Key Compliance Advisors does not provide guarantees or assume responsibility for compliance decisions made based on this information.  We also strongly encourage you to contact appropriate state and housing agencies for advice.