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