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
