How best to negotiate a peaceful divorce from my husband of 15 years?

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How best to negotiate a peaceful divorce from my husband of 15 years?

worked as a teacher for the first 7 years of our marriage to help support us and have been an at-home-mom for the last 8. My credentials have all expired and I have small children at home. We have an unconventional plan for “Alimony” to pre-fund an account with 2 years worth of a monthly alimony amount we came up with. Will the court accept something like this? Would the court rather award me more alimony than 2 years? Also, we would like to not split some of our accounts, such as a retirement account. Instead he would agree to fund my retirement account in maximum for the next 12 years to make up the amount I would have received. Will the court accept an arrangement like this?

Asked on November 7, 2012 under Family Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, the only thing that the court would not accept is if you in some way altered mandatory child support guidelines to the detriment of the children.  As for your agreements as to alimony and separation of marital assets, the courts welcome a peaceful solution agreed to by the parties.  But I would caution you to speak with an attorney about what you would be entitled to under the law in your area before you sign the dotted line.  Good luck.


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