Issues for Resolution (with Children)

Parenting Arrangement

  • Time-sharing schedule
  • Decision making
  • Communication
  • Access to information
  • Relocation considerations
  • Transportation

Property Issues

  • Marital or separate property
  • Marital residence – mortgage, home equity balance(s)
  • Pensions, profit sharing, 401(k), IRA, deferred compensation, options
  • Business interests, educational degrees, professional licenses
  • Personal property (cars, furniture, etc.) – title, loan(s), insurance
  • For all property – fair market value, cost to valuate or appraise, valuation date(s)
  • Equitable division of marital property
  • Marital debt – identify and apportion responsibility
  • Tax consequences – e.g., adjust when trading after-tax for pre-tax dollars
  • Estate rights

Health Care

  • Insurance – provision and cost
  • Uninsured medical expenses

Cash Flow to Two Households

  • Budget of children’s expenses (including educational costs) – apportioning costs
  • Budget for each household
  • Current income, employment status and opportunities for each spouse
  • Marital property and separate assets available to each spouse
  • Education needed for full employment of either spouse – time and cost
  • Retirement planning
  • Allocation between child and spousal support for tax purposes

Life Insurance

  • Amount and type covering each spouse

Professionals’ Fees and Costs

  • Apportionment

Income Tax Issues

  • Dependency exemptions/ head of household status
  • Filing status for future years, and if divorce, for last year of marriage