A standard New York divorce agreement is the written contract that resolves every issue between the spouses and gets incorporated into the final judgment of divorce. It goes by several names, including stipulation of settlement, separation agreement, and marital settlement agreement. Clients calling Roven Law Group often want to know what a typical agreement looks like, what provisions cannot be left out, and what the standard terms actually mean once the divorce is final. The document controls how property gets divided, how children are parented, and how money flows between the spouses for years afterward.
Here is what a New York divorce agreement covers and where the drafting decisions actually matter.
The Function of the Agreement
A New York divorce agreement is a contract between the spouses that addresses every issue arising from the end of the marriage. Once signed, acknowledged, and incorporated into the judgment, it becomes enforceable both as a contract and as a court order. The agreement typically gets either incorporated and merged into the judgment, or incorporated but not merged. Most New York settlement agreements survive the judgment as independent contracts, with specific issues like child support and custody remaining modifiable under separate rules.
Identification, Recitals, and Equitable Distribution
A standard agreement opens with the identification of the parties, the date of the marriage, residence addresses, and the names and dates of birth of any children. The recitals follow, confirming that each party has had the opportunity to consult with independent counsel, that each understands the agreement, and that the agreement is being entered into voluntarily. These confirmations preempt later challenges based on duress or lack of understanding.
The equitable distribution section is usually the longest. It identifies marital property and assigns each item to one spouse or provides for its division, addressing real property, bank accounts, brokerage accounts, retirement accounts, business interests, vehicles, and personal property. For each retirement account being divided, the agreement should specify whether a Qualified Domestic Relations Order will be required, who will draft and pay for it, and the date as of which the account will be valued. Vague language about retirement accounts is one of the most common drafting errors. The agreement also allocates marital debt, with provisions for indemnification if the assigned spouse fails to pay.
Spousal Maintenance
If maintenance is being paid, the agreement specifies the amount, duration, start date, payment method, and termination conditions. Standard termination triggers include the death of either party, the remarriage of the recipient, and sometimes cohabitation with a romantic partner. The provision should state whether the amount is modifiable or non-modifiable, since New York law allows the parties to opt out of certain modification rights. Tax treatment matters as well. Maintenance payments under agreements executed after December 31, 2018 are no longer deductible by the payor or taxable to the recipient. If no maintenance is being paid, the agreement should explicitly waive any maintenance claim.
Child Custody, Parenting Time, and Child Support
For couples with minor children, the custody and parenting time provisions are the most important section. The agreement should specify whether legal custody is joint or sole, and if joint, how decisions get made when the parents disagree. The parenting time schedule should address the regular schedule, summer arrangements, holiday rotations, and travel provisions. The agreement should also address relocation, since a clear provision can avoid years of post-judgment litigation.
Child support is calculated under the Child Support Standards Act and applies a percentage of combined parental income based on the number of children. The agreement should state the calculated amount, the income figures used, the payor, the payee, the payment frequency, and the method of payment. Add-on expenses, including health insurance premiums, unreimbursed medical and dental expenses, employment-related childcare, and educational expenses, are addressed separately and allocated between the parents.
Insurance, Tax, and Estate Provisions
The agreement addresses health insurance for the children and sometimes for the spouses themselves. Coverage for the children is typically continued under one parent’s plan, with the cost allocated by the agreement. COBRA continuation rights may be available for a limited period for the spouses themselves.
Tax provisions address allocation of the dependency exemption for the children, handling of previously joint tax returns, and responsibility for capital gains tax exposure on transferred real property. Many agreements also require one or both spouses to maintain life insurance for a defined period to secure ongoing support obligations, specifying the amount, beneficiary, and duration. The agreement typically waives any rights either spouse may have in the other’s estate and acknowledges that each spouse will update their will, beneficiary designations, and powers of attorney.
Standard Boilerplate
The agreement closes with standard provisions, including a merger clause, a severability clause, a governing law clause selecting New York law, and an attorney fees provision specifying who pays legal fees in any future enforcement action. The agreement is then signed by both parties and acknowledged before a notary, since New York law requires acknowledgment of separation and settlement agreements for them to be enforceable under section 236(B)(3) of the Domestic Relations Law.
How Roven Law Group Drafts Settlement Agreements
A standard New York divorce agreement is only standard in its structure. The terms inside it should reflect the specific marriage, the specific assets, and the specific concerns of the spouses involved. Roven Law Group drafts settlement agreements with attention to enforcement, tax consequences, and the post-judgment realities that can produce disputes years later if the language is not precise. The firm represents clients in matrimonial proceedings across Manhattan, Brooklyn, the Bronx, Queens, and Staten Island. Schedule a consultation to discuss the agreement that fits the facts and goals of your situation.