Ending your marriage through an uncontested divorce can help you avoid unnecessary conflict, but reaching an agreement with your spouse is only part of the process. You also need written terms that reflect your decisions and protect your interests after the divorce.
Here are the key issues to address before signing your agreement.
Property and debt division
Addressing property and debt division in writing helps prevent confusion about who owns what and who must pay outstanding balances after the divorce. Your agreement should cover marital assets and shared debts, including:
- The marital home
- Joint bank accounts
- Vehicles
- Credit card balances
- Personal loans
Don’t forget to review account agreements, loan documents and property records to understand any restrictions or steps required to transfer ownership, divide funds or close joint accounts. These can affect how you carry out your agreement.
Spousal support
Setting out support terms helps both of you understand your financial obligations after the marriage ends. If either of you will pay support, specify the amount, payment schedule and duration. If you agree that neither will pay, document that decision as well.
New York calculates spousal maintenance using a formula that considers both incomes and whether the paying parent also pays child support. The amount and duration can also depend on the length of the marriage and other factors set by law.
Child custody and parenting time
Putting parenting arrangements in writing helps create a stable routine for your children and reduces uncertainty about each parent’s responsibilities. Your agreement should address:
- Who will make important decisions about their upbringing
- Where the children will live
- How you will divide weekends, holidays and school breaks
You should also agree on how to handle emergencies, including who will contact the other parent and make urgent decisions when a child needs immediate care.
Child support and expenses
Including child support terms helps ensure your children’s needs remain part of the agreement and clarifies each parent’s financial responsibilities. You should start with considering health care costs, child care expenses and any other applicable support obligations.
New York generally calculates basic child support by applying a percentage to the parents’ combined income, with the percentage depending on the number of children. Special rules also apply to income above the statutory limit.
Give your agreement a careful review
A complete settlement agreement should reflect your decisions on property, debts, support and parenting arrangements. Before signing, have a New York divorce attorney review the terms to identify gaps, explain your rights and check whether the agreement meets applicable legal requirements. This review can help you understand the lasting effects of your decisions before you finalize your divorce.