
If you’re going through a divorce and believe you’ve reached an agreement, make sure you don’t overlook these critical areas. Here’s a breakdown to ensure nothing gets left out.
Custody and Parenting Plans
When it comes to your children, clarity is essential. Have you clearly stated who will have legal and physical custody? Legal custody determines who makes major decisions for the child, while physical custody outlines who the child lives with. It’s also crucial to define the time share. Don’t just “agree to agree” later. Even if things seem amicable now, having a detailed plan in place can help avoid future disputes.
Consider your holiday schedule too. A detailed plan can prevent last-minute conflicts during special occasions. The FL-341 attachment includes a court-provided worksheet for holidays. Think about how vacations will be handled as well. Is someone likely to scoop up prime vacation dates every year? Prevent that by setting clear guidelines on how vacation time will be allocated.
Child and Spousal Support
Decide how child support will be handled. Are you agreeing between yourselves, or is the court involved? A DissoMaster report can help calculate what’s appropriate based on income. Even if you agree on zero child support, the court still wants to see how that decision was reached.
For spousal support, think carefully about whether it will be modifiable or non-modifiable. This means deciding if either party can ask for a change in the amount if circumstances change. Clearly outlining these terms now will prevent future disputes down the road.
Property and Debts
Make sure all property is listed. It doesn’t matter if it’s separate property or community property—everything should be accounted for in the agreement. It’s particularly important to specify any separate property, like an inherited house, to avoid future claims. Similarly, include all debts. If your spouse ran up a credit card, but your name is still attached, make sure you have a clear plan for how those debts will be paid off to protect your credit.
Life Insurance
If one spouse is the primary breadwinner, it’s important to consider what will happen if something happens to them. Will there be life insurance in place to cover the loss of child support or spousal support? Planning for this now can ensure that your children or ex-spouse won’t be left without financial resources in the future.
Taxes and Claiming the Kids
One area that often gets overlooked is who gets to claim the children on their taxes. The court won’t care who claims the child, but the IRS certainly will. Decide in advance if one parent will always claim the child or if you will alternate years. This can save you from future conflicts with the government and ensure you get any tax credits you’re entitled to.
Avoid Vague Agreements
One of the biggest pitfalls I see is when people make their agreements too vague. You need to be specific. The more specific, the better. If your agreement is too broad, the court won’t be able to interpret it for you later. For example, be clear about how holidays overlap with your custody schedule. Don’t assume that what’s understood between you now will always be followed. If there’s any vagueness, it’s best to clarify it now.
Future-Proofing Your Agreement
Finally, while you might feel like things are fine now, remember that life will change. It’s not stirring the pot to think about what might happen down the road. It’s being prepared. If you can get clarity on things now, you’ll prevent future conflicts about issues you thought were resolved. Be as clear and specific as possible, even if it feels like overkill. The future has enough challenges—don’t add more by leaving things unresolved today.
Remember, while finalizing your divorce might feel overwhelming, you can do it. You’ve got this, and it’s not as hard as it seems when you take it step by step.
