Details, details. Getting the best results from your divorce is often a matter of addressing all the right details. There are many issues to consider as you define the right marital settlement agreement.

Over the years, I have developed some checklists to help clients make sure they answer all the important issues.

This checklist covers some important items that need to go into your settlement agreement.

Children

[x] Where will the children go to school?

[x] Who will decide if they go to public or private school?

[x] What about tutors and extra-curricular activities?

[x] Who will decide about the need for the children’s medical and dental care?

[x] What doctors and dentists will they see?

[x] What medications will they take?

[x] Who will decide if they need braces, cosmetic treatment, or therapy?

[x] What religion will the children be raised in?

[x] What will be their last names?

[x] Who will give consent if they want to get married or join the armed services before age 18?

[x] Who will select a lawyer if the children have a lawsuit?

[x] Where will the children live most of the time?

[x] What will be their routines at each house, for homework or television or going to bed?

[x] What will be the schedule for timesharing or visitation?

[x] What will the schedule be for each week, holidays, vacations, and summer?

[x] What will happen to these arrangements if one parent relocates?

Child Support

[x] How will the financial needs of the children be supported?

[x] Who will pay child support and how much?

[x] Will it be paid directly to the other party by personal check or through a court order?

[x] Will it be paid once a month or twice a month or every two weeks and on which day(s) of the month?

[x] Will it be adjusted each year for inflation or not?

[x] When will child support stop?

[x] Who will pay for health insurance?

[x] What about uncovered medical expenses?

[x] Who will pay for day care and summer camps?

[x] What about extra-curricular activity expenses like piano, soccer, ballet, or karate?

[x] Who will pay for religious celebrations, weddings, or automobiles?

[x] How will college expenses be handled?

Note: The court always has the final say on child custody, visitation, and child support. It cannot delegate this authority to the parties or a third party mediator or arbitrator. The court can consider the opinion of the parties and third parties, and often follows these recommendations. However, the court must make its own decision based on the best interest of the child. And the court can always modify custody, visitation, and child support if circumstances change and that would be in the best interest of the child.

Alimony

[x] Is any type of spousal support needed

[x] How much and for how long?

[x] Should there be a cost of living escalation?

[x] When does spousal support terminate?

[x] Is it modifiable or non-modifiable in the future?

[x] Who will pay the legal fees for the divorce?

[x] Is there life insurance to secure child support and spousal support?

[x] What about health insurance for each spouse?

Property

[x] What will happen to the marital home?

[x] If it is to be sold, when will it be listed for sale, at what price, and when?

[x] How will the sales proceeds be divided?

[x] If one spouse buys the other one out, what is the price and what are the terms for payment?

[x] How will you deal with the mortgage if it is in joint names?

[x] Who will draft the deeds and pay the costs for transfer?

[x] What happens to the automobiles, household furniture, furnishings, jewelry, clothing, and other personal items?

[x] How will bank accounts and stock be divided?

[x] What happens if there is a family business?

[x] How will retirement funds be divided? Will there be a survivor annuity and who will pay for it?

[x] Whose lawyer will draft the court order for dividing retirement funds and who will pay for it?

Taxes

[x] Will you file joint or separate returns?

[x] Who will prepare the returns or pay for their preparation?

[x] Who will get the tax credits and head of household tax status for the children??

[x] Who will pay if there are taxes due?

[x] How will a refund be divided?

[x] What happens if there is an audit for past years?

[x] Who will pay any taxes due on sale of the house, stock, or distribution of pensions?

Agreeing on these details now can save you a lot of additional legal proceedings down the road.