Going through a divorce is a very emotional process. Sometimes it’s hard enough to just get through the experience without adding the stress of splitting your assets. Amid all the turmoil, it is challenging to plan and think about your future needs and responsibilities. Planning requires confidence and careful foresight because divorce is not just an end of a marital union. It is also the separation and distribution of debts and assets.
If you are going through a divorce, you may wonder what you should ask for in the settlement. Let’s discuss some of the most common issues you need to discuss in court.
What Should I Ask for in a Divorce Settlement
If you’re heading for divorce, you most likely have some financial assets, personal belongings, and even debts to split before you can complete the process. If you have children, the process can get even more complicated. Before you head to court, here are some things to consider asking for in your settlement.
It can be pretty tricky to divide your assets during a divorce properly. Even in the easiest and friendliest divorces, the separation of assets can get complicated. Dividing joint accounts, liquid assets, retirement or pension plans, and physical property is tough without the help of a lawyer. Your overall goal should be to leave the marriage in a healthy financial circumstance. Talk to your attorney to create a plan to fight for what you are rightfully owed in your divorce settlement.
Deciding who will stay in the family home is another vital consideration. This becomes particularly important if minor children are involved in the divorce. In some cases, the court will award ownership of real estate property to one party. In other cases, the court will require you to pay your ex-spouse for their share of the real estate. Before you agree to take ownership of any real estate property, be sure you can handle mortgage payments, taxes, and everyday maintenance and upkeep.
Dividing the debts is not the same as dividing the assets. Joint debts don’t imply that both partners were involved in incurring them. If your spouse has obligations that you feel they should be solely responsible for, you’ll have to bring forth evidence to prove your case.
Unless there is a damaging reason why your children should not spend time with your spouse, the best course of action is to divide custody. This helps in resolving tensions between the ex-partners and eases the financial burden on both sides. It also puts the best interest of the children first.
Health Insurance and Other Benefits
If your spouse is responsible for your health insurance, you can petition the court to require your spouse to continue your coverage. The same goes for your children since purchasing health insurance outside of a group plan can be very expensive. In some cases, you may have the right to other benefits, including alimony. Talk to your divorce attorney to determine whether you’re eligible to receive health insurance and other benefits from your ex-spouse.
Contact Johnson Law Firm for a Free Consultation
If you need a compassionate Lancaster divorce lawyer, we’re here to help. Contact Johnson Law Firm for a free consultation.