Divorce Agreement Topics to Consider

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