Divorce Settlement Agreement
- Property settlements are one of the key components of a divorce settlement agreement. These settlements detail how the couple splits up the things they own, such as who gets the house, the cars and the personal property. In general, courts give couples a wide latitude when deciding property settlement terms, allowing them to split up the property however they choose. Once a property settlement is made part of the divorce decree, it is very difficult to change later on.
- Divorce settlement agreements also often include terms on alimony. Sometimes known as spousal support or marital support, alimony is not required in any divorce, but couples can agree to provide payments from one spouse to the other. The couple can negotiate the amount of money paid, the method of payment, whether it will be a lump sum or ongoing payment and other such terms. Unlike property settlements, alimony payments can be changed later if one or both parties experiences a significant change in circumstances.
- Divorce settlement agreements can also contain child custody terms. These terms detail who becomes the primary caretaker of any children in the marriage, as well as visitation schedules, holiday schedules and parental coordination on educational or health-care decisions. Proposed custody agreements must be approved by the court in light of the "best interests" test. This test requires that the custody arrangement best meet's the child's needs, not necessarily the interests of the parents. If the court finds the proposed settlement is not in the child's best interests, it can change the terms as it deems appropriate.
- Apart from deciding on child custody details, couples can also use divorce settlement agreements to detail child support terms. Child support, like alimony, is paid from one spouse to the other. Unlike alimony, however, it is not intended to rehabilitate the other spouse or maintain a standard of living. Child support is only intended to allow the other spouse the ability to properly take care of the couple's children. Like child custody, the court must determine that the proposed settlement is in the best interest of the children.
Property
Alimony
Child Custody
Child Support
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