Checklist of Issues to Consider During Mediation

Checklist of issues to consider during mediation

1. Division of Assets:

___________  Real estate

___________  Pension/Retirement plans

___________  Stocks, bonds, annuities

___________  Bank accounts

___________  Vehicles (autos, boats etc)

___________  Personal property (furniture, dishes etc)

___________  Business

2. Issues surrounding division of property

  • Is one party retaining real estate of will it be sold?

  • Will you need an appraisal of the real estate?

  • How will you divide the personal property? Does it need to be appraised?

  • Do the pensions need to be appraised? 

  • What date will you use as cutoff for values of property?

  • Do you still have joint bank accounts? At what point will you separate your bank account?

  • What will guide the division of property- a desire to achieve a certain percentage (50/50, 60/40 division etc. or a desire to have each party keep certain assets regardless of ultimate percentage?

  • Is either party expecting a significant inheritance and is that a factor which you wish to consider in the division of property?

  • Are there any assets which either of you wish to not consider in the division (for example- inherited assets or assets accrued prior to the marriage or post-separation)

3. Parenting

__________  Legal custody- joint or sole

__________  Physical custody- shared or sole

__________  parenting schedule

__________  holidays

__________  vacations

__________  summer

__________  birthdays

_________    reviews

__________  transportation

__________  removal from commonwealth

__________  communication and exchange of records

4. Support

__________ child support

__________ amount

__________ duration

__________ emancipation provision

__________ extraordinary expenses

__________ college and private school expenses

__________ uninsured medical/dental expenses for children

__________ review of child support

5. Alimony

________ Alimony or waives of alimony

________ If waiver, waiver of past present and future

________ If alimony, duration and amount

________ Tax ramifications of alimony

6. Health insurance

________  Who carries health insurance

________  Family plan or individual

________  Cost of insurance

________  Will insurance be available to ex-spouse post divorce, cost

________  Does other spouse have insurance available, cost

7. Life insurance

________  amount of life insurance

________  term policy- what is term and cost

________  whole life/universal- cash value

________  should life insurance continue post divorce  for how long?

________  who owns policy and who is beneficiary post divorce?

8. Taxes

_________  How will taxes this year be filed

_________  Who claims dependency exemptions

_________  Who claims head of household

_________  Any tax liabilities?

9. Liabilities

_________ Liabilities joint or individual

________  Who is responsible for what liabilities

________  Can other spouse be removed as obligor

10. Merger/survival

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Checklist for Divorce Separation Agreements