What are the basic divorce issues that have to be decided?

Before a divorce can be finalized, there are minimum decisions to be made in several areas.  These decisions will be laid out in an agreement such as a marital settlement agreement, or will be decided by the judge or a guardian ad litem (lawyer for the children).  State laws govern how many of these issues are handled.  If you have an attorney, he or she will be giving you advice on these items and will be helping you to get resolution.  Please see the Pitfalls section to help you avoid some of the common mistakes that people make when resolving these issues. 

  • Determine child custody arrangement and visitation rights.
  • Calculate the appropriate amount of child support payments.
  • Calculate the appropriate amount of spousal support (aka alimony).
  • Collaborate on an equitable division of your assets and liabilities (debts).
  • Determine how to handle retirement benefits.
  • Make decisions related to health insurance for the whole family.
  • Make tax related decisions for the year of separation, divorce, and after the divorce.