Family Law FAQ’s: Divorce Terms You Can Negotiate in Mediation

Uncontested Divorce Mediation

Posted July 31, 2024

What kind of terms can you put into a divorce agreement? One of the best things about Denver divorce mediation is the opportunity to customize the divorce terms to your specific needs, desires, and lifestyle. Both spouses can bargain for the things that they care about most and what would be most beneficial to them in the long term.

Divorce terms typically relate to the division of assets and child custody agreements. The truly interesting aspect of divorce negotiations is that you never know what you can get until you try. Often, spouses want two different sets of things when you get down into the details; beyond a fair split of assets and parenting time, which are equally desirable (and required), you may have very different priorities and be able to negotiate for all sorts of beneficial terms that your spouse will grant without worry or in trade for something they want in return.

What can you ask for in your divorce? Split Simple has guided many couples through Denver divorce mediation and can give you a few helpful ideas on the kind of divorce terms that might be useful to ask for, because you just might get them.

A Favorable Division of Assets

When dividing up marital assets, consider where you can draw the line that will be most favorable to you. Naturally, you want to keep your own retirement accounts without splitting them open with early withdrawal penalties. But what else is beneficial? If you have a personal car, a private savings account, or a business you’ve put your heart into, simply ask to keep those on your side of the divide and balance with assets you are less passionate about.

Consider which assets will help set up your post-divorce future. Ask for the accounts, items, or property that you can do more with. While every marital estate is unique, there are sure to be a few opportunities available if you only think to ask. Your Denver divorce mediators will then help arrange the asset split to achieve the most direct benefit for both parties.

Freedom from Marital Debt

Did your spouse rack up a bunch of debt during the marriage? Do you want to start fresh without debt to worry about in your new life? As for freedom from “marital debt” or red numbers in the marital assets. Ask that your spouse take on their own debt, or even that you transfer some shared debt to them so that you can start fresh.

As long as you balance the value of that negative number, you could walk away from your marriage debt-free.

Child Custody On Your Schedule

Mediator – dices containing the word mediator, a book, glasses and a fountain pen.

Is your schedule tough to work around? Ask that the base child custody and co-parenting plan be shaped around your schedule by default. Ask that your parenting time aligns with your free time and days off so that you can maximize the time you have to spend with your children. This request can also minimize the hassle of trying to juggle child custody hand-offs and a conflicting work schedule.

Denver divorce mediators at Split Simple are quite skilled at building responsive co-parenting plans and may be able to build a plan that works around both parents’ schedules. Or, if your spouse’s schedule is more flexible, you may receive full preference for the days and hours you request.

The Marital House or Lease

If you don’t want to move and you can cover the housing costs on your own, ask for the house. Of course, not everyone owns a house these days, so you could also ask to become the primary tenant on the rented family home. Many families rent the same home for years. It may be comfortable, perfectly placed for your commute, and close to your children’s school. If you want to stay put, ask to buy your spouse out of the house or for them to depart from the lease.

If you’re renting, you don’t even have to buy them out.

Investment Properties

Do you own one or more investment properties (like rental houses and condos) with your spouse? If those properties are making money, you just might want to keep them after the divorce. Ask to keep one or more of your investment properties to remain as an income-collecting landlord instead of selling the properties and splitting the proceeds.

Shared Cost of Children’s Expenses

Your children might need tuition in the future, copay on doctor bills, extracurricular activity fees, and so on. Don’t get left holding the bag because you’re the action-parent. Ask that shared child-rearing expenses be split with your spouse, or that they always cover a specific type of expense.

Some people ask that their spouse cover the full cost of all future tuition. Some ask that they pay for therapy for the children to help them recover from the divorce. Of course, the egalitarian approach is simply to ensure that your ex pays half of all expenses required to raise the kids, including their health, education, and enriching childhood experiences.

The Children as Dependents on Your Tax Return

Who gets to list the children as dependents on their taxes? This is an important question to ask in a world of joint custody and co-parenting. After the divorce, you can’t both list a child as a dependent. You might decide based on which parent has the higher income (and thus, higher taxes) or with two children, it is common for each parent to claim one child as a dependent to split the savings.

Stocks and Investments

If you and your spouse invested in the stock market and other financial ventures, determine the worth of your investments and ask for some or all of those appreciating assets. You only have to compensate your spouse for their value today. Any returns from those investments are yours to keep after the divorce is done.

Your Denver divorce mediator can help you fairly divide stocks and investments, or determine their current worth to buy your spouse out of current investment ownership/

Warrantied Appliances

You might even consider asking for any high-quality appliances and equipment that are still under a good warranty. A warranty is a repair and replacement policy that means the items are worth more than their financial value. Keeping warranted equipment can result in greater value in the future from a very domestic and logistic standpoint.

Asking for the Right Things in Divorce Mediation

Divorce terms are more flexible than most people realize. In Denver divorce mediation, you can ask for more than just money and parenting time. You can fine-tune your divorce terms to achieve exactly the most beneficial arrangement for your well-being and the post-divorce future you are building.

The Denver divorce mediators of Split Simple can help you optimize your divorce by negotiating for your special requests and by suggesting terms that are mutually beneficial for both parents and any children you may share. Contact Split Simple today to consult on what you can ask for in your divorce.

Split Simple

1624 Market Street #202

Denver, CO 80202

720-501-4600