Things to Ask for in Divorce Smart Requests

1. Custody and Parenting Time (if you have children) 2. Child Support 3. Spousal Support (Alimony) 4. Division of Assets […]

1. Custody and Parenting Time (if you have children)

  • Legal custody: Who will make major decisions about education, healthcare, and religion?
  • Physical custody: Where will the children live, and how will time be shared?
  • Parenting schedule: Be specific about holidays, school breaks, and special occasions.
  • Communication and co-parenting terms: Consider guidelines for respectful communication.

2. Child Support

  • Make sure child support is fair and in line with your state’s guidelines.
  • Ask for clarity on payment amounts, frequency, and how long payments will last.
  • Address extra costs like school supplies, extracurriculars, daycare, or medical expenses.

3. Spousal Support (Alimony)

  • If one partner earned significantly more or sacrificed career growth for the family, spousal support may be appropriate.
  • Discuss how much support will be paid, for how long, and under what conditions it could end or change.

4. Division of Assets

  • Be thorough—include everything:
    • Real estate (home, rental properties)
    • Bank accounts
    • Investments and retirement funds
    • Vehicles
    • Business interests
    • Valuables like jewelry, art, or collectibles
  • Consider future value as well as current value—especially for things like retirement accounts.

5. Division of Debts

  • Who will take responsibility for:
    • Mortgages
    • Credit card debt
    • Car loans
    • Medical bills
    • Personal loans
  • Be sure to protect yourself from debts you didn’t agree to take on.

6. Health Insurance

  • If you were on your spouse’s insurance, find out when coverage will end and what your options are (e.g., COBRA, individual plans).
  • For kids, decide who will pay for insurance and out-of-pocket medical costs.

7. Tax Considerations

  • Who will claim the children as dependents?
  • How will filing status change after the divorce?
  • Will spousal support be taxable or tax-deductible in your case?
  • Get advice on how dividing retirement accounts or selling property will impact your taxes.

8. Legal Fees

  • Decide if each person pays their own legal costs or if one will cover part or all of the other’s expenses.
  • Make sure this is clearly outlined in your divorce agreement.

9. Name Change (if applicable)

  • If you want to change your last name after the divorce, include that request in your paperwork—it’s often easier to do it now than later.

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