Worksheet from ABA Family Advocate

WHAT TO COVER IN A DIVORCE AGREEMENT

Parenting

• Custody
  • Legal: How will major decisions concerning the child be made?
  • Physical: How will day-to-day decisions concerning the child be made?
  • How will changes in custody be decided?
• Visitation/Access
  • With whom will the children be daily? weekends? holidays? special days?
  • When and with what notice can a parent take the child out of state? Out of country?
  • When and how must one parent notify the other of a change in plans?

Financial Issues

• Children
  • Child support
  • Health-care coverage
  • Educational expenses
  • Life insurance or will provision to ensure payment of child support
  • Provisions for adjustments in child-support payments

• The Parties
  • Alimony
  • Health-care coverage
  • Provision for adjusting alimony

Property Division

• Real estate
• Cash, checking, and savings accounts
• Stocks, bonds, mutual funds, other investments
• Pensions, retirement funds, Social Security, etc.
• Personal property (cars, furniture, jewelry, collectibles, household articles)
• Payment of outstanding liabilities

Tax consequences

• Child support
• Alimony
• Dependency exemption
• Capital gains
• Provision for existing tax liabilities and for tax refunds

General Provisions

• All identifying data
• Dispute resolution and who will pay for mediation, arbitration, and court fees
• Attorney's fees