DIVORCE AGREEMENT CHECKLIST
for use with a No-Fault Divorce with Agreement
The following issues should be given careful consideration for inclusion in a well-drafted Separation and Property Settlement Agreement. This checklist is by no means exhaustive, since every divorce action is unique. Most of these terms may have subtle but dramatic and long-lasting legal effects. Additionally, each party’s financial picture is different. For these reasons, it is NOT recommended that the parties draft their own Agreement. Every agreement should be carefully drafted in light of the financial data of the parties and reviewed separately by each party with his or her respective counsel.
GENERAL TERMS
1. Parties: names and addresses (including Counties)
2. Date & Place of Marriage
3. Names and dates of birth of children
4. Acknowledgment of irretrievable breakdown and intention to live apart
5. Date of separation and location of last joint residence
6. Purpose of Agreement and intent of parties
7. Consideration
8. Merger vs. non-merger
SPECIFIC ISSUES
CHILDREN
9. Custody
a.) Joint or individual legal custody
b.) Joint or individual physical custody
c.) Procedure for making major decisions
d.) Parental access to all academic, physical, emotional and social information: parental permission to review all school, medical, dental and other written reports and to consult with professionals rendering services to child
e.) Procedure for authorizing emergency medical treatment
10. Support
a.) Amount
b.) Payment frequency/dates
c.) Method of payment (cash, check, payroll deduction, etc.)
d.) Duration (define emancipation events)
e.) Payment through Dept. of Revenue?
f.) Futute Modifications
g.) Support arrangement during extended visitation periods
11. Visitation
a.) Schedule
b.) Expenses of travel for visitation
c.) Vacations/holidays
d.) Temporary removal from Commonwealth for vacations
e.) Permanent removal by physical custodian
f.) Out-of-State move by non-custodial parent
g.) Interference with school/social/sport activities
h.) Advance notice requirements
12. Medical/dental insurance
a.) Who is to obtain/maintain policy
b.) Name of insurer
c.) Policy or certificate number, if any
d.) Duration of coverage
e.) Availability of Claim forms
f.) Cooperation in preparation/submission of claims
g.) Substitution of policies
h.) Coverage issues:
Orthodontic
Psychological or psychiatric expenses
In-patient facilities
Obligation to utilize designated facilities
Counseling services
Non-prescription drugs
Optometrist and eyeglasses
Laboratory expenses
i.) Approval for extraordinary expenses
j.) Approval for emergency expenses
13. Uninsured medical/dental expenses: see above, plus:
a.) Who is responsible for
b.) Policy deductibles
c.) Agreement as to submission of bills to each party
d.) Procedure for dispute resolution
e.) Agreement as to elective treatments
f.) Agreement as to emergency treatments
g.) Agreement as to exchanging health information
14. Dependency exemptions for tax purposes
15. Higher education; cooperation in obtaining financial aid
a.) Private school education
b.) Nature and extent of education for each child
c.) Types of schools
d.) Payment of costs
e.) Agreement to provide accounting for educational costs
f.) Agreement to exchange information
g.) Right to participate in choice
h.) Procedure for resolving disputes
i.) Provisions for College costs
j.) Define college expenses: room, board, tuition, books, fees, transportation
k.) In event of death of one parent, estate responsible for such expenses?
l.) Educational trust fund?
m.) Use of children's assets?
n.) Religious upbringing
16. Determination of emancipation events
MEDICAL/DENTAL INSURANCE COVERAGES/COSTS OF PARTIES
17. See above. Is coverage available after the divorce?
a.) Who is to obtain/maintain/pay for policy
b.) Name of insurer
c.) Policy or certificate number, if any
d.) Duration of coverage
e.) Claim forms
f.) Cooperation in preparation/submission of claims
g.) Substitution of policies
h.) Coverage issues, if any
i.) Obligation to notify if coverage to terminate
j.) Rights to pay additional costs of premium
k.) Substitution of policies
18. Uninsured medical/dental expenses
a.) Who is responsible for (each for own??)
b.) Agreement as to submission of bills to each party
LIFE INSURANCE
a. Ownership of policies
b. Assignment of policies
c. Borrowing powers against policies/right to encumber
d. Beneficiaries
e. Face values & right to reduce face value
f. Payment of premium
g. Indemnification for failure to maintain policies
h. Right to substitute policies
i. Right to establish trust fund by life insurance proceeds in event of death of insured
j. Name of insured
k. Possession of policies
l. Presentation of evidence of existence of insurance
PERSONAL PROPERTY
19. Provisions for allocation and division of:
a.) Cash, checking and savings accounts
b.) Securities, stocks, bonds, mutual funds, etc.
c.) Certificates of Deposit/Money market funds
d.) Furniture/other household furnishings
e.) Children's furniture/furnishings
f.) Tools, equipment, lawn tools/equipment
g.) Works of Art
h.) Antiques/heirlooms
i.) Burial plots
j.) RETIREMENT FUNDS/BENEFITS
1.) I.R.A.'s
2.) Pensions
3.) S.E.P. Accounts
4.) Profit sharing/bonus rights
5.) Stock options
k.) Family pets
l.) Rights to deferred compensation
m.) Choses in action (Civil claims against 3rd persons)
n.) Memberships in country clubs, etc.
o.) Automobiles, boats
p.) Corporate/partnership interests
q.) Sole proprietorship business interests
r.) Life insurance (cash surrender values)
s.) Monies owed to parties by 3rd persons
REAL PROPERTY (Obtain copies of all deeds, mortgages, Registry of Deeds
title references, statements of outstanding mortgage balances, real estate tax
status)
20. AGREEMENT TO HOLD???
a. Possession/use/occupancy of real estate
b. Duration of possession/use/occupancy
c. Obligation to vacate timely
d. Restriction from conveyance
e. Death of either party
f. Agreement not to force sale
g. Agreement not to initiate petition to partition
h. Satisfaction of past or future liens
i. Agreement not to further encumber
j. Requirement to maintain insurance
k. Payment of principal, interest and taxes
l. Payment of utilities and other expenses
m. Agreement to pay for routine maintenance
n. Agreement relative to capital improvements
o. Agreement relative to major repairs (in excess of set dollar amount)
p. Provisions in event of non-compliance
q. Indemnification in event of non-compliance
r. Right of spouse to enter/inspect
s. Restrictions as to tenants, visitors, roommates
t. Distribution of proceeds of rent/income
21. AGREEMENT TO SELL??
a. Current fair market value
b. Satisfaction of past liens and encumbrances
c. Satisfaction of standard closing costs/expenses
d. Distribution of proceeds of sale
1.) Credits for reduction in principal balance on mortgage
2.) Credits for capital improvements which increase value of property
e. Rights of each party to purchase to other's interest
MISCELLANEOUS
22. Income taxes/returns - Joint / Separate filing??
a.) Tax allocation of alimony
b.) Agreement as to filing of past, present and future returns
c.) Cooperation in preparation
d.) Allocation of past & future income tax refunds/liability for taxes due?
23. Waiver of interest in estate of other party
24. Allocation of responsibility for past & outstanding debts
25. Indemnification against incurring future debts
26. Satisfaction of all other rights & obligations of parties
27. Agreement as to only those issues set forth in Agreement
28. Submission to jurisdiction of Court
29. Waiver of claims to other's estate
30. Full disclosure of income, assets, liabilities and expenses of each to the other: exchange of Financial Statements
31.
32. Read and understand Agreement
33. No extrinsic representations or inducements
34. No coercion or duress
35. Signing freely and voluntarily
If Alimony
a. Periodic support
1. When payments begin
2. How often payments are made
3. Amount
4. When payments terminate & conditions for termination
a) Remarriage issues
b) Disability of a party
c) Cost of living increases
d) Percentage of living increases/decreases
e) Retirement of a party
f) Increased income of payee
g) Change in residence
h) Material change in circumstance
i)
j) Child(ren) no longer in physical custody of payee
k) Death of a party
l) Penalties for late payment
m) Allocation of payments for tax purposes
n) Alternatives to periodic support
1. Payment of principal, interest, and/or taxes on real estate or other liabilities
2. Lump sum payment
3. Conveyance of real estate
4. Minimum net support
5. Maximum net payment
6. Determination of remarriage
7. Discharge of obligation in bankruptcy
8. Security for payment of support