When a couple decides to divorce, one of the most important things they must do is agree on issues such as child custody, division of property, and spousal support. The ultimate goal is to reach a resolution that is beneficial and fair for everyone. Agreement of terms in advance can make the overall divorce process less stressful and help both partners avoid court appearances and miscommunication.
A marital settlement agreement is also known as a divorce agreement or a divorce stipulation agreement. However, in the state of New York, this legal document is officially called a divorce stipulation. Below is information on how an experienced divorce attorney can help navigate and enforce a divorce settlement agreement.
What is a Divorce Stipulation Agreement in New York?
A divorce stipulation agreement is a legally binding contract between divorcing spouses. This document outlines the terms of the divorce that both parties have agreed to. When this agreement is signed by both parties and has been approved by a New York court, it is a legally enforceable court order and becomes part of the formal record of the divorce.
Certain negotiations outlined in the stipulation and agreement are as follows:
- Child custody – Terms are made regarding the physical custody of the children (sole or joint), visitation rights, and which spouse will make major decisions regarding the children. It also stipulates the amount of child support and the party that is responsible for making the payments.
- Alimony/spousal support – Not all divorces involve alimony; however, if it is required that one spouse is to provide financial support to the other, the stipulation agreement outlines the amount and duration of payments.
- Division of assets – The distribution of marital assets such as properties, bank accounts, vehicles, etc. are agreed upon by both spouses.
- The family home – Will one spouse keep the home? Will the house be sold, and if so, how will the proceeds be split? A stipulation of settlement addresses what happens to the family home during a divorce.
- Other stipulations – The divorce and settlement agreement address other significant matters such as retirement plans, life and health insurance, and healthcare.
Common Issues That May Arise with Divorce Stipulation Agreements
Even with the best intentions, it’s possible for problems to emerge after a stipulation of settlement is complete. Common issues include:
- Non-compliance – One partner may not adhere to the agreed upon terms, such as not making alimony or child support payments, or refusing child visitation rights.
- Agreement obscurities – The wording in the agreement may be unclear, causing miscommunication and disputes over what the document implies.
- Life changes – Major life events, such as: losing a job, having health issues, getting remarried, etc. may hinder the ability to stick to the agreement.
- Hidden assets – One spouse may have hidden assets during negotiations, affecting the fairness of the settlement.
- Changes in children’s needs – A divorced couple’s children may require different support as they get older, or custody arrangements may change. This type of situation will often require updates to be made to the original agreement.
How to Enforce a Divorce Stipulation Agreement in New York
Even though both parties may have signed a court order for a divorce stipulation, it is still possible that the rules may not be followed exactly how they are meant to be. Whether one party is having financial difficulties and can’t pay alimony, or simply willfully decides to ignore the stipulation, there are criminal and civil consequences involved. The rules of the agreement have already been set in place and have been agreed upon, and a violation of these rules means that drastic measures must be quickly taken.
To address a failure to comply and to enforce a divorce settlement agreement will most likely involve a divorce attorney. In some cases, an honest discussion between the two parties may solve the issues at hand. Direct communication is an ideal way to begin settling any unforeseen issues. If direct communication does not work, a skilled divorce attorney can attempt to reach the non-complying party.
If such attempts fail, a motion to enforce a settlement agreement of divorce may be filed. The non-compliance of a partner can lead to fines, penalties, and even jail time. Keep in mind that there may be a statute of limitations on a divorce settlement, so it’s best to report noncompliance as soon as possible.
Working with an Attorney to Enforce or Modify the Agreement
Enforcing a divorce stipulation in New York or modifying settlement terms requires the proficiency of a skilled divorce attorney. Zelenitz, Shapiro & D’Agostino are experts in New York state divorce law and can provide guidance that’s tailored to your unique situation in order to help you achieve the best possible outcome.
