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Encyclopedia of Matrimonial Clauses with Forms on Disk

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Raoul L. Felder


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“It should be in the library of every matrimonial lawyer and every lawyer who wants to be engaged in family law.”
Miriam M. Robinson of Liddle, O'Connor, Finkelstein & Robinson, New York

“Mr. Felder has amassed a treasure trove of useful clauses for any attorney practicing family/matrimonial law. Any issue which could possibly arise is covered in this masterful collection. It is a must for every family/matrimonial law attorney.”
Neal Hersh of Hersh, Mannis & Bogen, L.L.P. In Beverly Hills, CA.


Raoul Felder's Encyclopedia of Matrimonial Clauses book and CD contains the actual clauses that have helped Mr. Felder become one of the nation's most prominent domestic relations lawyers. The encyclopedia features clauses for separation, pre- and post-nuptial, cohabitation and paternity agreements.

It is packed with hundreds of easy-to-adapt clauses on such important subjects as: attorneys' fees; child custody and visitation; child support; division of property; children's education; estate planning; health insurance and medical expenses; life insurance; the marital home; maintenance and alimony; and tax planning and tax returns.

The Encyclopedia of Matrimonial Clauses is alphabetized, with extensive cross-references to related clauses. Mr. Felder's comments help you choose among alternate versions or combine them to fit changing circumstances. His practice tips suggest how you can make your negotiations go more smoothly and how you can protect yourself from malpractice claims. The book includes a CD-ROM containing all the clauses in the printed volume in an electronic format designed to speed your access to and adaptation of clauses for everyday practice.


Book #00612; looseleaf, one volume, 964 pages and one CD-ROM & eBook; published in 1990, updated as needed; no additional charge for updates during your subscription. ISBN: 978-1-58852-051-7  Looseleaf print subscribers receive supplements. If you purchased an eBook, you will be notified by email when the book is updated and receive instructions for downloading the latest eBook version.


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  • Availability: Available
  • Brand: Law Journal Press
  • Product Type: Books
  • Edition: 0
  • Page Count: 964
  • ISBN: 978-1-58852-051-7
  • Pub#/SKU#: 612
  • Volume(s): 1
  • CDs: 1

Author Image
  • Raoul L. Felder
Raoul L. Felder is perhapsone of the best-known divorce lawyers in the country today  and not merely for his many celebrity clients. Mr. Felder, a graduate of the NYU School of Law, has practiced law for more than forty years, including several as a federal prosecutor. Mr. Felder, who has written and lectured widely, is the author of seven books. He has also served as a legal commentator on CNN and the BBC, hosted the Felder Report, as well as hosted a weekly syndicated radio show, and two series on Public Television. Mr. Felder writes a monthly column in The Washington Times and frequently contributes to nationwide publications. He was named by The National Law Journal as one of Americas 100 Most Powerful Lawyers. He has been a stalwart advocate of childrens rights, and was a member of the Governors Commission on Child Abuse. He was also a member of the Cultural Affairs Advisory Commission of the City of New York and a member of the Board of Directors of the New York City Economic Development Corporation. He also served as the Chairman of the New York State Commission on Judicial Conduct. Currently Mr. Felder practices law in New York City.

A
List of Clauses

Actuarial Valuation of Pension
After Acquired Property; Status of—All property acquired after Agreement to be separate property
After Discovered Property; Payment for
Agent for Service of Process—Appointment by Wife and Husband of their respective attorneys as agent for service of process
Agreement; Article Headings
Agreement; Binding Effect of—Agreement to bind parties, their heirs, executors, administrators, legal representatives and assigns
Agreement; Confidentiality of
Agreement; Confidentiality of; Breach of
Agreement; Confidentiality of; Exceptions for Attorneys and Financial Advisors
Agreement; Confidentiality of; Exception for Matters Involving Court Action or Financing
Agreement; Confidentiality of; Liability for Third Party Disclosure
Agreement; Construction of
Agreement; Court Ordered Modification of; Attorneys’ Fees—Terms for judicial modification of Agreement; liability for attorney’s fees
Agreement; Dispute Resolution; Arbitration
Agreement; Dispute Resolution; Mediation
Agreement; Effect of Divorce Decree; Agreement to Survive Decree
Agreement; Enforcement of Covenants Independently—All rights and obligations under Agreement are independent and may be enforced independently
Agreement; Fairness of—Parties acknowledge Agreement is fair and not the result of fraud or duress
Agreement; Inducement to Execute—No inducement other than provisions in Agreement; agreement incorporates entire understanding of parties
Agreement; Interpretation of—Rule of strict construction against preparer not to be applied
Agreement; Invalidity of Provisions—Invalidity of any provision of Agreement not to invalidate remainder of Agreement
Agreement; Modification of—Agreement may not be modified except by a writing, duly signed and acknowledge by parties
Agreement; No Adverse Inference Against Draftsman
Agreement; Nullification of Support, Maintenance and Property Distribution Provisions in Event of Court’s Rejection of Terms of Child Support
Agreement; Plain Language Drafting
Agreement; Prohibition Against Judicial Challenges
Agreement; Revocation of Earlier Separation Agreement
Agreement; Satisfaction of Claims—Agreement is in full satisfaction of all claims of parties against each other
Agreement; Scope of—Agreement contains entire understanding of parties
Agreement; Survival of in the Event of No Divorce
Agreement; Voluntary Execution—Each party enters into Agreement voluntarily with full understanding of its provisions; Agreement is fair and reasonable and not the result of fraud or duress
Agreement; Translation into Foreign Language
Agreement; Venue for Enforcement or Modification of Agreement or Judgment
Agreement; Use of as a Defense in Any Support Proceeding
Agreement; Waiver of Right to Seek Judicial Modification of
Agreement; Waiver of Right to Sue Except to Enforce Terms of Agreement or Obtain Judgment of Divorce or Decree of Separation
Agreement; Waiver of Terms—Failure of either party to insist on strict performance of Agreement not to be construed as a waiver; all waivers to be in writing
Amended Tax Returns; Returns Filed During Marriage; Agreement to File Amended Returns and Applications for Refund
Annuity; Waiver of
Arbitration—Procedure if parties cannot agree over division of property
Arbitration—Procedure if parties cannot agree on matters concerning the rearing of children
Attorney; Advice of—Wife represents that she has executed property distribution agreement against advice of her attorney
Attorney; Both Parties Represented—Parties acknowledge that each is represented by an attorney
Attorney Certification of Facts in the Agreement
Attorney Certification; Statement of Non-Reliance on Certification by Opposing Party’s Attorney
Attorney; One Party Represented—Wife has legal advice of attorney; Husband refuses to obtain a lawyer
Attorney-in-Fact; Appointment of Spouse as for Tax Purposes
Attorney’s Fees; Application for Judicial Determination
Attorney’s Fees Arbitration—Arbitration agreement in place of agreement on sum certain
Attorney’s Fees; Breach of Agreement
Attorney’s Fees; Default—Defaulting party to pay attorney’s fees and costs if other party prevails in proceedings to enforce Agreement
Attorney’s Fees; Defense of Suit for—Each party to pay other party’s expenses of defending against suit for fees
Attorney’s Fees; Liability for on Respective parties—Parties liable for own counsel fees
Attorneys’ Fees; Liability for on One Party—Husband to pay sum certain for Wife’s attorney’s fees
Attorney’s Fees; Mutual Indemnification—Parties are to indemnify each other from claims for professional services
Attorney’s Fees; Unilateral Indemnification—Husband to indemnify Wife from claims for services rendered
Attorney’s Fees; Waiver of—Parties waive all claims for attorney’s fees
Attorney’s Fees; Waiver of Responsibility for Other Party’s Fees
Audit—Husband to bear expense and to indemnify Wife for taxes due on Husband’s income; Wife to be notified of any audit involving her income
Audit; Cooperation in Preparation for; Mutual Warranties that Taxes Have Been Paid; Unilateral Indemnification
Automobile; Conveyance to Other Spouse
Automobile; Provision of Funds for Purchase—Husband to pay for Wife’s automobile should she so request
Automobile; Waiver of Interest In—Wife waives all interest in automobile
Automobile Insurance; Benefit of Children—Husband to pay premiums for children until emancipation

B
List of Clauses

Bank Accounts; Joint Accounts; Disposition of
Bank Accounts; Separate and Joint
Bank Accounts; Waiver of Right in Property of the Other Party—Each party represents that he/she has no right in bank accounts, brokerage accounts, stocks or bonds of other party
Bankruptcy
Bankruptcy; Agreement: Irrevocable Bank Letter of Credit
Bonds; Division of—Assignment to Wife of bonds in name of Husband
Bonuses Payable in Future Years; Spousal Share
Breach of Agreement; Cost of Suit to Enforce—Defaulting party to pay expenses of other party in bringing proceedings to enforce Agreement
Breach of Agreement; Suit to Enforce—Right to sue for damages on default of party; all rights and obligations may be enforced independently
Brokerage Commission on Sale of Marital Home—Husband to cooperate in event of a lawsuit based on alleged brokerage commission
Business Debts; Indemnification for—Husband indemnifies Wife against all damages and expenses incurred by Husband in his business
Business; Distribution of Property—Contribution of Interests in Businesses by Both Parties; Segregation of Interests
Business; Division of Jointly Owned Limited Partnership Interest—Husband to transfer ownership or units in limited partnership to Wife
Business; Family Owned; Continuation of Business After Parties’ Separation—Horse farm operated by spouses to continue subsequent to their separation
Business; Family Owned; Determination of Taxable Period And Tax Liability
Business; Liquidation of Joint Interest
Business Owned by One Spouse to Be Dissolved
Business; Redemption of Stock Held by Other Spouse—Husband’s corporation to redeem Wife’s stock for fixed price; Wife to discontinue appraisal action
Business; Restrictions on Transferability of Shares
Business; Transfer of Interest to Spouse Subject to Loans Made by Transferor
Business; Valuation of Stock in Closely Held Corporation
Business; Waiver of Claims Against
Business; Waiver of Rights in—Wife gives up any claim to business owned by Husband

C
List of Clauses

Charitable Foundation; Waiver of Spouse’s Interest
Child Custody; Contact Between Children and Parents—Both parents to foster affection and contact between child and other parent
Child Custody; General Declaration of with Visitation Rights to Other Parent—Custody to Wife, visitation to Husband
Child Custody; Resolution of Disputes; Application of Uniform Child Custody Jurisdiction Act—Uniform Child Custody Jurisdiction Act applies to dispute resolution when child is temporarily in another jurisdiction
Child Custody; Illness or Incapacity of Parent
Child Custody; Resolution of Disputes; Reservation of Jurisdiction for Future Modification of Custody Order
Child Custody; Resolution of Disputes; Responsibility for Attorney’s Fees
Child Custody; Review of Present Arrangements
Child Custody; Shared Custodial and Expense Payments
Child Custody; Waiver of Claim for—Husband declares intent not to seek custody of the children; penalty for breach of waiver agreement
Child Deduction; Deduction to Custodial Parent—Wife to claim children as dependents
Child Deduction; Deduction to Non-Custodial Parent
Child Deduction; Deduction to Parent with Whom the Child Resides More than Half the Time
Child Deduction; Identification of Party Entitled to Take Deduction; Other Party to Execute All Necessary Documents
Child Deduction; Shared Deduction—Parties shall share tax deduction for children to the extent allowed by law
Child Deduction; Shared Deduction on an Alternating Basis
Child Deduction; Split Deduction—To extent allowed by law, Husband to claim one child as dependent, Wife to claim other; parties to alternate with respect to third child; if Husband is in arrears in child support, wife to claim all children as dependents
Child’s Psychological Care
Child Support; Action by Children Claiming Inadequate Support Payments
Child Support; Adjustment in Level of Support After Receipt of Distributive Award
Child Support; Amount of Payment; Duration of Obligation
Child Support; Amount Payable Not Affected by Obligation to Make Mortgage Payments
Child Support; Annual Income Statement—Husband is to supply Wife with annual financial statement during period of child support accompanied by proof of income
Child Support; Application for Modification of Court Ordered Payments
Child Support; Children Not to Be Considered Third Party Beneficiaries of Support Arrangements
Child Support; Child Support Enforcement Amendments of 1984—Waiver of state guidelines enacted pursuant to federal legislation
Child Support; Cost of Living Adjustment (“Cola”)
Child Support; Credit for Prepayment
Child Support; Default; Remedies
Child Support; Deposit of Support into Custodian Spouses Bank Account
Child Support; Deviation from Guidelines; Application of Child Support Percentage to Parties of Income in Excess of Applicable Maximum Under Child Support Standards Act
Child Support; Deviation from Guidelines; Higher Amount Paid Due to Disability of Child
Child Support; Deviation from Guidelines; Higher Amount Paid Due to Medical and Transportation Payments by Custodial Spouse
Child Support; Discretion of Payee in Making Expenditures
Child Support; Duration of Obligation
Child Support; Escrow Account
Child Support; Extracurricular Activities—Husband and Wife are to confer on scope and cost of extracurricular activities before approval; “extracurricular activities” defined
Child Support; Guarantee of Payment by Spouse’s Parents—Husband’s parents guarantee payment of a portion of child support
Child Support; Inception of—Obligation to pay child support to begin on Wife’s surrendering occupancy of apartment
Child Support; Increase In
Child Support; Joint Custody Arrangement with Provision for Child Support
Child Support; Joint Custody; Shared Expenses
Child Support; Joint Responsibility when Both Spouses Have Substantial Assets
Child Support; Mentally Impaired Child
Child Support; Modification of—Procedure to be followed by Wife seeking increase in support payments and Husband seeking decrease in support payments
Child Support; Monthly Payments
Child Support; Nanny; Payment to Include Salary for Domestic Child Care Helper
Child Support; Non-Imputation of Income
Child Support; No Reduction of Due to Problems with Visitation Rights
Child Support; Obligation Survives Death of Parties
Child Support; Opting Out of State Statutory Requirements and Guidelines
Child Support: Payment of Security in the Event of Default
Child Support; Payments Deemed to Include Allowance for School
Child Support; Periodic Review by State Agency
Child Support; Recalculation of Following Termination of Maintenance
Child Support; Reduction of at Time of Each Child’s Emancipation
Child Support; Reduction of Based on Decrease in Non-Custodial Spouse’s Income
Child Support; Reduction of Based on Frustration of Visitation Rights
Child Support; Reduction of Based on Increase in Custodial Spouse’s Income
Child Support; Reduction of Due to Payee’s Health; Arbitration
Child Support; Reduction of on Cohabitation or Remarriage
Child Support; Reduction of When Child Lives Away from Home
Child Support; Refund of Expenses to Party Who Paid Them
Child Support; Renegotiation of When Maximum Percentage of Payor’s Income Is Reached
Child Support; Responsibility of Both Parties
Child Support; Retroactive Payment of
Child Support; Special Lessons
Child Support Standards Act; Calculation for Compliance with Statute Is Not Material and Not Relied on by Parties
Child Support; Termination of Obligation
Child Support; Transfer of Property in Satisfaction of Support Obligation—Transfer of corporate stock from Husband to Wife the dividends of which are to be used for child support
Child Support: Trust for Guarantee of Payment
Child Support; Visitation—Duty to pay continues during visitation with children
Child Support; Waiver of
Child Support; Waiver of Income Deduction Order
Child Support; Waiver of Support Through State Agencies
Child Support; Weekly Payments
Children; Access to by Other Family Members in the Event of the Death of a Parent
Children; Celebrations
Children; Communication with
Children; Exchange of Information Concerning
Children; Preventing Repetitive Litigation Involving
Children; Restriction on Persons Who May Care for
Children’s General Welfare—Determination of education, religious training, medical care and other matters of general welfare
Childrens General Welfare; Decision Making
Children’s General Welfare; Resolution of Disputes—
Children’s Personal Needs
Children’s Property to Remain Theirs
Choice of Law—Agreement to be governed by law of named state
Clothing; Duty to Pay for Children’s
Cohabitation Defined
Communication Between Parties
Complete Payment—Agreement contemplates complete payment under equitable distribution laws
Condominium Apartment; Conveyance of Interest to Spouse—Husband to convey all right in condominium to Wife; Wife to assume all liabilities in connection with property and to pay all costs of transfers
Condominium; Ownership to Be Converted to Joint Tenancy on Divorce; Rental to Third Party; Responsibility for Repairs; Dispute Settlement by Arbitration
Condominium; Purchase of for Spouse
Condominium; Rental to Third Parties
Confession of Judgment; Affidavit of; Security for Equitable Distribution Payments (See Security for Equitable Distribution Payments; Affidavit of Confession Judgment)
Confidentiality of Files in an Action for Divorce
Conjugal Rights; Termination of—Neither party to molest or interfere with the peace and comfort of other nor seek restoration of conjugal rights
Contractual Funds; Allocation of
Cooperative Apartment; Conveyance of Interest to Spouse
Cooperative Apartment; Purchase of by Non-Custodial Parent as a Means of Preventing Relocation of Children
Cooperative Apartment; Sale of—Parties to sell cooperative apartment to stated purchaser; parties to take all acts necessary to effectuate sale
Cooperative Apartment; Sale of Through Realtor; Establishing a Sale Price
Cooperative Apartment; Transfer of Ownership to Other Spouse
Cooperative or Condominium Conversion; Non-Purchasing Spouse Entitled to Percentage of Profit Realized by Purchasing Spouse upon Sale of Apartment
Corporate Taxes; Assessments; Equal Responsibility for Payment
Corporate Taxes; Party with Interest Responsible for Taxes—Husband to indemnify Wife for taxes due on Husband’s corporate interests
Credit Cards
Credit Cards; Continued Use of by Other Spouse

D List of Clauses
Death of Custodial Parent
Death of Custodial Parent; Visitation Rights of Deceased Party’s Own Parents and Siblings
Death of Party; Bequest of Marital Home
Death of Party; Creditor’s Claim Against the Deceased’s Estate
Death or Judicially Declared Incompetence of a Parent; Custody and Residency of the Children; Contact with Family of the Deceased or Incompetent Parent
Debts; Discharge of Liability for Debts of Other Spouse—Parties release each other from all debts, claims, causes of action, etc.
Debts; Indemnification of
Debts; Responsibility for Own Debts—Mutual indemnification; neither party to incur any obligation upon credit of other
Defined Contribution Plans; Equitable Distribution of
Dental Insurance—Husband to provide for children so long as employer provides coverage; otherwise, Husband and Wife to share cost of children’s dental expenses
Disclosure of Financial Information; Acknowledgement of
Discovery; Waiver of Right to Financial Discovery of Other Party
Division of Property; Terms of Agreement to Mutual Satisfaction of Parties—Each party to own property in own name or possession
Divorce Action in Foreign Jurisdiction; Withdrawal of
Divorce Action; Waiting Period Before Commencing
Divorce; Changing Grounds For
Divorce; Pending Litigation for
Divorce; Suit for—Agreement not a bar to either party filing for divorce
Documents; Delivery of Subsequent to Execution of Agreement—Parties to execute further instruments necessary to give full force and effect to Agreement
Dual Nationality of Children; Passports

E
List of Clauses

Education of Children—Each parent entitled to complete information from school
Education of Children; Accounts Established in the Names of Children to Pay for College
Education of Children; Child of Spouse’s Former Marriage; College Expenses
Education of Children; Choice of School
Education of Children; College Expenses; Cost of Tuition in Accumulated Bonds
Education of Children; College Expenses; Cost of Tuition in Existing Bank Accounts
Education of Children; College Fund
Education of Children; College Loans; Parents as Guarantors
Education of Children; Duty to Pay; College Expenses
Education of Children; Duty to Pay; College Expenses; Limited Financial Obligation
Education of Children; Duty to Pay; College Expenses; Obligation Limited to Cost of State University
Education of Children; Duty to Pay; College Expenses; Sharing of Expenses
Education of Children; Duty to Pay; College and Graduate School Expenses
Education of Children; Duty to Pay; Full Educational Expenses
Education of Children; Duty to Pay; High School and College Expenses
Education of Children; Duty to Pay; Post-High School Education with Definition
Education of Children; Duty to Pay; Post-Secondary School Education with Definition
Education of Children; Duty to Pay; Pre-College Expenses
Education of Children; Duty to Pay; Primary and Secondary Education
Education of Children; Duty to Pay; Private School and College Expenses
Education of Children; Duty to Pay; Tutoring
Education of Children; Duty to Pay; Vocational Training
Education of Children; Funds Saved for College to Be Transferred to a Trust on the Remarriage of Either Parent
Education of Children; Private School Education Provided to One Child Need Not Be Provided to Other Children
Education of Children; Selection of School; Procedure Should Parties Disagree
Education Expenses; Defined
Emancipation Event; Change of Custody by Court Order
Emancipation of Children; Defined
Emancipation of Children; Temporary Emancipation Event
Employment Related Benefits and Retirement Accounts; Identification and Equitable Distribution of Stock Units and Stock Options
Enhanced Earning Capacity and Bonuses; Waiver of Interest in
Equitable Distribution; Reimbursement for Advances Pending Sale of Marital Home
Escrow Account; Liquidation of Assets and Division of Proceeds
Escrow Accounts; Transfer of Interest in on Conveyance of Marital Home
Escrow Agent; Appointment of on Sale of Marital Home
Estate; Claims Against for Unpaid Amounts
Estate; Transfer of Real Property on Death of Proprietary Spouse
Estate; Voluntary Bequests—Agreement not to constitute waiver of any bequest by either party to the other; no promises made with respect to any bequest
Estate; Waiver of Right to Share in Estate of Other Spouse
Expenses; Proof of—Wife to submit bills to Husband

F
List of Clauses

Family Functions of Non-Custodial Parent; Attendance of Children
Family Functions of Either Parent
Financial and Legal Experts; Acknowledgement of Independent Employment of
Forensic Analyst; Confidentiality of Information and Materials
Forensic Reports; Dissemination of
Future Options to Be Deemed Separate Property

G
List of Clauses

Gifts—No substantial gifts made of marital property
Gifts; Ownership of Engagement and Wedding Presents
Gifts to Children; Establishment of an Investment Account Under the Uniform Gifts to Minors Act
Gifts to Children; No Reduction of Support Obligation
Gifts to Other Spouse; Effect on Agreement
Gifts to Other Spouse; Treatment as Separate Property
Governing Statutes and Case Law
Grandparents’ Attendance at Children’s Birthday Parties
Gravesite of Parent; Exhumation of
Gravesite of Parent; Visitation Rights When Site Is Located on Property of Former Spouse
Gross Income for Purposes of Child Support; Calculation of Non-Taxable Disability Income
Gross Income for Purposes of Child Support; Exclusion of Business Expenses

H
List of Clauses

Health Insurance; Benefit of Children
Health Insurance; Coverage by Both Parties for Benefit of Children—Husband primarily responsible for coverage; Wife to supply additional coverage if employer has not cost to employees plan
Health Insurance; Coverage of Spouse Despite Lack of Provision for Maintenance
Health Insurance; Coverage of Spouse During Separation; Payor Spouse Not to Interface with Coverage
Health Insurance; Coverage of Spouse for Earlier of Stated Period or Remarriage
Health Insurance; Coverage of Spouse for Stated Period—Husband to maintain for Wife for stated period; Wife to pay deductible and non-reimbursable expenses
Health Insurance; Coverage of Spouse Until Death or Remarriage—Husband to provide for Wife until her death or remarriage
Health Insurance; Coverage of Spouse When Permitted by Insurer—Husband to provide for wife’s health insurance if permitted by carrier; cost to be shared if not so permitted
Health Insurance; Coverage Under COBRA
Health Insurance; Payment of Funds for Spouse’s Individual Insurance Coverage in Lieu of Providing Coverage Itself
Health Insurance; Prescription Drugs, Dental Care and Eye Care—Reduction in maintenance payments to compensate for increased premium for additional coverage
Health Insurance; Recipient of Child Support Required to Take Advantage of Employer’s Insurance Program Even If there Are Employee Costs
Health of the Children; Procedure when Parents Disagree on Appropriate Medical Treatment
Hospitalization of Child
House; Purchase of
Household Furnishings; Disposition to Children—Children to be awarded furniture and personal property in their own respective bedrooms
Household Furnishings; Disposition to Spouse
Household Furnishings; Division According to Residence
Household Furnishings; Division According to Schedule
Household Furnishings; Sale of

I
List of Clauses

Identity of Parties; Recital Clause
Illiquid Holdings
Illness of a Child Defined
Illness of Child; Notification of
Illnesses and Injuries of Spouse Existing Prior to Execution of Agreement
Income Defined for Purposes of Maintenance
Individual Retirement Accounts—Each party to keep own account
Individual Tax Returns; Agreement to File
Installment Payments of Lump Sum Settlement
Insurance; General Information on Policies—Husband to execute forms to allow Wife to obtain information about policy from insurance company

J List of Clauses
Joint Custody—Children to reside with Wife
Joint Custody—Principal residence with Husband; secondary residence with Wife
Joint Custody; Equal Time with Children; Consultations on Upbringing
Joint Custody; Exchange of Custodial Periods
Joint Custody; Residency Requirements
Joint Custody; Rights Defined
Joint Custody; Visitation Rights—Principal residence with Wife; visitation schedule for Husband
Jointly Held Stock; Utilization of
Joint Tax Returns; Agreement to File
Joint Tax Returns; Agreement to File; Appointment of Other Spouse as Attorney-in-Fact—Wife appoints Husband attorney-in-fact
Joint Tax Returns; Agreement to File; Party Paying Taxes Entitled to Any Refund—Husband to pay taxes due and to receive refund
Joint Tax Returns; Agreement to File; Responsibility for Taxes and Expenses—Husband to pay for preparation; parties to cooperate on return preparation; Husband to pay all taxes due
Joint Tax Returns; Proportionate Liability and Refund Sharing

K List of Clauses
Keogh Plan; Waiver of Spouse’s Right in

L
List of Clauses

Lawsuit Pending Against Parties—Husband to hold Wife harmless
Licenses and Professional Degrees—Wife waives all rights in Husband’s license and professional degree
Licenses and Professional Degrees of Both Parties; License Differential Valuation—Value of Husband’s professional license exceeds that of Wife’s; agreed payment adjustment
Life Insurance Based on Payor’s Income and Tied to Maintenance
Life Insurance; Borrowing Against Policy Prohib-ited—Husband not to borrow against life insurance policy
Life Insurance; Borrowing Against Policy Restricted—Husband restricted from borrowing against life insurance policy; requirement of obtaining term insurance equal to amount borrowed
Life Insurance; Change of Beneficiary from Spouse to Children on Completion of Equitable Distribution Payments
Life Insurance; Children as Beneficiary
Life Insurance; Compliance with Terms of Agreement—Husband authorizes Wife to obtain confirmation from insurance company of his compliance with agreement to provide life insurance
Life Insurance; Death of Spouse-Beneficiary—Husband free to change life insurance policy on death of Wife
Life Insurance; Dividends on Policy—Dividends on life insurance policy to belong to Husband
Life Insurance in Lieu of Testamentary Disposition
Life Insurance; Lien by Children Against Estate—Children to have lien against Husband’s estate if required insurance not in effect at Husband’s death; proceeds to be paid free and clear of taxes
Life Insurance; Lien by Spouse Against Estate—Wife to have lien against Husband’s estate if required policy not in effect at Husband’s death
Life Insurance; Ownership of Policies by Insured—Wife to deliver all policies on Husband’s life to Husband; Husband to pay wife cash surrender value
Life Insurance; Ownership of Policies by Spouse—Husband to transfer title in policies to Wife; Wife may maintain policies or obtain cash surrender value
Life Insurance; Premiums; Failure to Pay
Life Insurance; Premium Notices and Proof of Payment to Be Sent to Beneficiary Spouse
Life Insurance; Premiums; Proof of Payment—Husband to submit proof of payment of premiums at least once a year
Life Insurance; Premiums; Responsibility for—Husband to pay all premiums; insurance company to be authorized to notify Wife of premiums not paid
Life Insurance; Proceeds Payable to Beneficiary to Be Tax Free—Insurance proceeds to be paid to Wife to be free and clear of any taxes
Life Insurance; Spouse as Beneficiary
Life Insurance; Spouse as Beneficiary Trustee for Child
Life Insurance; Taxes to Be Paid by Insured—Cost of insurance paid by Husband not taxable to Wife; Husband to pay taxes if insurance payments deemed taxable to Wife
Life Insurance; Termination of Obligation to Supply—Husband’s duty to Wife regarding insurance to cease upon her remarriage or death; duty to children to cease upon emancipation
Life Insurance Trust
Life Insurance; Waiver of Interest in
Location of Children

M
List of Clauses

Maintenance; Adequacy of Agreed upon Payments
Maintenance and Other Payments; Modification of in the Event of Bankruptcy
Maintenance Based on Payee Spouse’s Earned Income
Maintenance; Deduction for Payments Not Made by Spouse—Husband may deduct mortgage and tax payments made on behalf of Wife from spousal/child support payments
Maintenance; Direct Payment of Mortgage to Be Applied Toward Maintenance
Maintenance for Purpose of Purchasing a Home; Financial Obligation
Maintenance; Grounds for Termination; Special Account for Payment of Taxable Maintenance
Maintenance; Guarantee of Payment
Maintenance; Guarantee of Payment by Third Party
Maintenance; Level of Support
Maintenance; Modification of on Disability
Maintenance; Modification of When Payee Spouse Earns Taxable Income, Payor Becomes Disabled, or Payor Loses License to Practice Profession
Maintenance; Payments in Lieu of Equitable Distribution
Maintenance; Payments to Be Apportioned Between Alimony Child Support
Maintenance; Penalty Fees on Mortgage Chargeable Against Spouse Late in Making Support Payments—Husband to reimburse Wife for late fees paid by Wife on mortgage payments if Wife’s lateness caused by late support payments from Husband
Maintenance; Reduction of in Accordance with Recipient Spouse’s Earning Ability
Maintenance; Royalties from Patent Payable as
Maintenance; Securing Payment of
Maintenance; Social Security—Level of maintenance payments to remain constant in the event of changes in government benefits
Maintenance; Taxation and Deduction
Maintenance; Tax Law Change That Would Disallow Alimony Deduction
Maintenance; Temporary Increase of During Recipient Spouse’s Period of Unemployment
Maintenance; Termination of on Payee’s Death, Remarriage or Cohabitation
Maintenance; Termination of Payments on Cohabitation; “Cohabitation” Defined—Maintenance payments to Wife to cease on her cohabitation with another man
Maintenance Trust; Establishment of
Maintenance; Waiver of
Maintenance; Waiver of Right to Seek Modification
Marital Estate; Final Date for Claims Against
Marital Home; Access to—Wife not to change locks on marital home and to allow Husband access to certain rooms
Marital Home; Allocation of Expenses
Marital Home; Appraisal of—Procedure for establishing appraisal for purpose of sale
Marital Home; Ascertainment of Liens
Marital Home; Ascertainment of Liens; Declination of Search
Marital Home as Income Producing Property; Allocation of Expenses
Marital Home; Attribution of Costs for Major Repairs
Marital Home; Attribution of Costs for Major Repairs in Event of Non-Compliance
Marital Home; Conveyance of Interest to Spouse
Marital Home; Conveyance of Interest to Spouse; Delivery of Documents—Husband to deliver all documents necessary to transfer marital home to Wife; Wife may sign documents in Husband’s name if Husband fails to sign
Marital Home; Conveyance of Interest to Spouse; Expenses of Transferring Title
Marital Home; Conveyance of Interest to Spouse; Mortgage in Satisfaction
Marital Home; Expenses; Indemnification for
Marital Home; Expenses; Responsibility for—Wife responsible for all expenses involving marital home upon conveyance to her; Husband responsible for all prior expenses
Marital Home; Responsibility for Costs Until Sale Is Effectuated
Marital Home; Expenses; Responsibility for Until Sale of Home or a Date Certain
Marital Home; Expenses; Tax Treatment
Marital Home; Expenses; Waiver of Reimbursement for
Marital Home; Expenses; Warranty of Payment
Marital Home; Explanation of Why Residence Is One Spouse’s Separate Property
Marital Home; Failure of Occupant Spouse to Pay Mortgage Entitles Non-Occupant Spouse to Be Named Receiver
Marital Home; Joint Occupancy Until Closing of Sale
Marital Home; Occupancy of
Marital Home; Occupancy of by One Spouse Until Occurrence of Stated Event
Marital Home; Occupancy; Rent Payable to Other Spouse—Wife to pay rent to Husband for occupancy of marital home
Marital Home; Option to Purchase
Marital Home; Outstanding Mortgage, Pay-Down of
Marital Home; Preservation of Good Condition by Spouse in Residence
Marital Home; Refinancing of
Marital Home; Repairs to
Marital Home; Sale of; Additional Maintenance Payment as Incentive for Occupying Spouse to Sell—Husband to make additional maintenance payment to Wife if she sells marital home before a specified date
Marital Home; Sale of; Costs of Sale
Marital Home; Sale of; Credit for Expenses
Marital Home; Sale of; Distribution of Net Proceeds
Marital Home; Sale of; Establishing a Sales Price; “Sales Price” Defined
Marital Home; Sale of in a Distressed Market
Marital Home; Sale of; Procedure
Marital Home; Sale of; Responsibility for Showing of House for Sale
Marital Home; Sale of; Timing of Sale
Marital Home; Sale Price; Reduction of—Price to be reduced after specified period that house is on market
Marital Home, Separate Property of One Spouse, to Be Residence of Other Spouse for Limited Period; Consequences for Holdover Tenancy
Marital Home; Transfer of to Spouse in Contemplation of Refinancing
Marital Home; Use of Portion of Premises by Party Not in Occupancy
Marital Home; Vacating Premises
Marital Home; “Vacating Premises” Defined
Marital Home; Value of—Acknowledgement by parties of value of marital home
Marital Home; Waiver of Spouse’s Interest in
Marital Home; Warranty that Neither Party Has Encumbered Home
Marital Property; Distribution of Through Distributive Awards and Distributive Award Loans
Mediation in Drafting of Agreement; Right to Consult an Independent Attorney
Medical Expenses; Defined
Medical Expenses; Proof of—Wife to send bills to Husband
Medical Expenses; Responsibility for
Medical Expenses; Unreimbursed Expenses
Medical Reports of Children—Each parent entitled to complete information
Mortgage; Cooperative Loan—Husband to make effort to remove Wife’s name from loan against cooperative apartment and to assume all obligations on loan
Mortgage; Refinancing of to Pay for Property Distribution—Husband to mortgage marital home to make property distribution payment to Wife
Mortgage; Removal of One Spouse as Obligor
Mortgage; Security for Payments in the Event of Death or Default—Husband to secure life insurance for mortgage and execute Confession of Judgment
Moving; Change of Address of Parties—Parties to notify each other of any change of address
Moving; Expenses
Moving; Limitation on Distance
Moving; Notice of—Wife with custody of children must give written notice before moving
Moving; Right of Custodial Parent—Unrestricted right to move given to Wife after specified period of time; adjustment of Husband’s visitation schedule

N-O
List of Clauses

Name of Children
Nanny; Payment for

P List of Clauses
Parental Behavior in the Presence of Children
Parent Coordinator-Mediator; Hiring of as Person to Reduce Conflicts over Children’s Welfare
Passport Application on Behalf of the Children
Passports of Children; Retention of
Pendente Lite Orders; Termination of
Pendente Lite Orders to Remain in Effect
Pending Actions; Dismissal of—All pending litigation between the parties, except for dissolution of marriage, are to be dismissed
Pensions; Delivery of Documents Evidencing Waiver of Interest; Appointment of Attorney-in-Fact
Pensions; Equitable Distribution of—Wife entitled to share in Husband’s pension under equitable distribution
Pensions; Payment of Sum Certain in Satisfaction of Pension Rights
Pensions; Spousal Claims in
Pensions; Waiver of Interest in Each Other’s Pension
Pensions; Waiver of Interest in Spouse’s Pension
Pensions; Waiver of Interest in Spouse’s Pension in Exchange for Property Distribution
Pensions; Waiver of Rights Under ERISA
Personal Assistant—Expense for Wife’s employee to be paid by Husband
Personal Information; Exchange of and Notification of Change
Personal Property; Appraisal and Division of
Personal Property; Division and Disposition of
Personal Property; Photographs and Videotapes
Personal Property; Possession and Control of—Each party to have exclusive right to personal property currently in his or her possession
Personal Property; Power to Dispose of—Each party to have power to dispose of own property as fully as if he or she were unmarried
Personal Property; Removal of—Parties are to remove personal property without damage to premises; items not removed to be deemed abandoned
Personal Property; Retrieval of from Marital Home
Personal Property; Unlocated Property—Wife to return to husband specified property which she may have in her possession
Personal Property; Waiver of Rights in Property Held in Name of Other Party—Neither party has interest in bank accounts, securities, etc. maintained in other party’s name
Personal Property Insurance—Husband to maintain insurance on personal property of parties
Pets; Custody and Support of
Prenuptial Agreement; Incorporation of Terms into Current Separation Agreement
Prenuptial Agreement; Modification and Revocation of Modification
Prenuptial Agreement; Reaffirmation and Incorporation of
Professional Practice; Cash Settlement in Lieu of Giving Spouse an Interest in
Property; Disposition of; Scope of Agreement—Agreement intended to distribute all property of parties
Property; Identification of—Parties agree that property identified in schedule constitutes corpus of marital estate
Property; Retention of Separate Property
Property Settlement—Transfer of marital home in exchange for rights in thrift plan
Property Transfer Not to Be Considered Transfer of Marital Asset
Property; Transfer of; Tax Treatment—Transfer of property not in nature of alimony or maintenance, and not deductible by Husband or taxable to Wife
Property; Valuation of
Property; Waiver of Right in Exchange for Other Consideration
Psychological Expenses
Publication; Prohibition Against; Details of Marriage to Remain Confidential

Q
List of Clauses

Qualified Domestic Relations Order (QUADRO)
QUADRO; Reimbursement of Inadvertent Payment to Pension Holder of Amounts Subject to a QUADRO
QUADRO; Rejection of by Plan Administrator

R
List of Clauses

Real Property; Covenant Not to Encumber—List of jointly held real property; agreement not to allow placement of liens on properties
Real Property; Disposition of—Real property held in name of Husband to remain Husband’s
Real Property; Occupancy and Sale of Two Houses
Real Property; Payment of Proceeds from Sale of Premises as Substitute for Equitable Distribution Share of Spouse’s Pension; Allocation of Capital Gains
Real Property; Purchase of Separate Residence—Husband to purchase house for Wife in exchange for her waiving her rights in his business venture
Real Property; Sale of Premises Titled in the Name of One Spouse—Husband to participate in sale of realty held in Wife’s name
Real Property Transfer; Tax Basis for
Reconciliation; Effect on Agreement
Release of Claims
Religious Celebration; Invitations to and Payment for Attending Guests
Religious Confirmation Ceremony—Husband to pay cost of child’s religious confirmation
Religious Dietary Laws Affecting Children
Religious Divorce
Religious Training; Expenses for
Religious Training; Faith of Children—Children to be raised in specific faith; parents to celebrate religious holidays with children
Religious Training; Mutual Decision by Parents in the Interests of the Children
Relocation; Acknowledgment of and Consent by Non-Custodial Parent; Visitation Arrangements
Relocation; Notice to Non-Custodial Parent
Remarriage; Defined
Rental Apartment; Conveyance of Interest to Spouse
Rental Apartment; Payment of Relocation Costs—Husband to co-sign lease to Wife’s apartment and advance sufficient funds to cover expenses
Rental Apartment; Responsibility for Payment of Rent; Rent Deemed Offset Toward Maintenance and Child Support—Husband to pay rent on apartment for Wife and consider such payment percentage of maintenance and child support
Rental Apartment; Rights in Cooperative or Condominium Conversion; Conveyance of Interest to Spouse
Rental Apartment; Security Deposit
Residence; Notification of—Parents to notify each other of residence of self and children
Residence of Children; Limitations on
Retirement Entities; Mutual Waiver of Interest
Royalties on Artistic Works; Allocation of Income and Taxes

S
List of Clauses

Satisfaction of All Claims—Agreement is made in full satisfaction of all claims for property distribution; parties accept all terms as fair and equitable
Schedules—Absence of completed schedules not to affect validity of Agreement
School Functions and Events
Security for Equitable Distribution Payments; Affidavit of Confession of Judgment
Separate Property; Character of
Separate Property; Right to Dispose of
Separate Property to Remain Such Despite Reconciliation of the Parties or Termination of Agreement
Separate Tax Returns; Agreement to File
Separation; Attempt to Contact Other Party Subject to Penalties of Forfeiture and Contempt
Separation; Declaration of—Parties to live separate and apart; neither party to attempt to compel the other to cohabit
Separation; Intention—Parties confirm intention to live separate and apart
Settlement; Lump Sum Payment—Husband to make cash payment to Wife in complete settlement of any claim for equitable distribution or periodic payments
Settlement; Lump Sum to Be Paid on Future Date in Settlement of Claims—Husband to pay lump sum in settlement of equitable distribution claims on specified future date; interest and penalty due if Husband defaults
Settlement on Trial of Claims—Settlement of property dispute on eve of or during trial
Settlement on Trial of Claims; Confidentiality of—Arbitration provided for in case of breach of confidentiality
Social Clubs; Resignation and Assignment of Membership
Split Custody; Visitation Rights—Husband to have custody of some children; Wife to have custody of others
Stock Options; Buy-Out with Partial Liquidation
Stock Options; Distribution of—Wife may order exercise of options held by Husband
Stocks; Distribution of—Stocks to be property of party in whose name they are held
Summer Camp Expenses; Defined
Summer Camp for Children; Expenses for
Support Arrears

T
List of Clauses

Tax Assessment
Tax Assessment; Mutual Representations as to Outstanding Assessments and Pending Audits
Tax Deductions; Entitlement to
Tax Deductions; Sharing of Deduction for Charitable Contributions
Tax Indemnification; Indemnification on Sale of Marital Home—Husband to indemnify Wife for capital gains tax on sale of marital home
Tax Indemnification; Mutual Indemnification
Tax Indemnification; Unilateral Indemnification
Tax Law; Changes in Affecting Deductibility of Maintenance
Tax Proceedings; Cooperation Between Parties—Parties to cooperate in connection with any tax proceedings
Tax Refund; Amended Returns; Division of Proceeds After Payments to Accountants
Tax Refund; Attributable to Party Who Overpaid Taxes
Tax Refund; Parties to Share Equally
Tax Shelter; Establishment of Escrow Fund to Receive Tax Benefits and Assume Tax Liabilities of Shelter in the Name of One of the Spouses
Tax Shelter Investment
Taxation; Reimbursement for a Transfer of Property—Husband to indemnify Wife from any taxes resulting from transfer of property to Wife
Taxes; Warranty of Payment—Husband warrants he has paid all taxes due
Telephone Access to Children
Testamentary Disposition for Benefit of Children
Testamentary Disposition for Benefit of Children of Prior Marriage—Share of marital home to Husband’s children of prior marriage
Testamentary Disposition for Children’s Education
Testamentary Disposition; Mutual Covenants to Make a Will for Benefit of Children
Testamentary Disposition of Investment Property—Husband to leave investment property to child
Testamentary Disposition; Revocation of Prior Wills
Testamentary Trust Insuring Necessary Funds for Support Obligation
Transportation; Responsibility for Children and Costs of Visitation—Wife to pay all airline costs; shared responsibility for travel to and from airport
Third Party Witnesses Letter Of Confidentiality
Transportation; Responsibility on Exercise of Visitation Rights—Husband bears responsibility of picking up and returning children
Travel—Limitation on taking children outside of United States
Trust Fund for Benefit of Child
Trust Fund for the Benefit of Children; Resignation of Spouse as Trustee
Trust Fund for Educational Expenses
Trust Fund; Pay Out Based on Life Expectancy of Beneficiary Spouse

U
List of Clauses

Unborn Issue; Disposition of Frozen Sperm, Ovum and/or Embryo
Unborn Issue; Disposition of Pre-Zygotes
Unborn Issue; Frozen Sperm Stem Cells to Remain Active
Unborn Issue; Ordered Destruction of Frozen Sperm Stem Cells

V
List of Clauses

Vacation and Holidays Periods Defined for Purpose of Visitation
Vacation by Custodial Parent Without Children; Right of Other Parent to Additional Visitation
Vacation Home—Title in Husband; Wife’s use of one month per year; responsibility for salaries of domestic employees
Vacation Home; Deferred Sale; Distribution of Proceeds After a Triggering Event
Vacation Home; Waiver of Spouse’s Interest in; Waiver of Interest in Adjunct Personal Property
Vacation Trip—Husband to pay for vacation of Wife
Visitation; Availability of Children on Reasonable Notice
Visitation; Birthdays and Special Holidays—Husband to have children on his birthday and Father’s Day; Wife to have children on her birthday and Mother’s Day; special arrangement of children’s birthdays
Visitation; Cancellation of Due to Emergency or Business Plans
Visitation; Children’s Travel Outside the United States; Prohibition Against Commencement of Foreign Action to Hold Child in Foreign Jurisdiction
Visitation; Childrens Travel Expenses
Visitation; Child Support Payments Not Linked to Visitation Rights
Visitation; Christmas and Easter Holidays
Visitation; Conflict Resolution
Visitation; Controlled Visitation Pursuant to Court Order—Conditions of visitation as ordered by Family Court incorporated by reference
Visitation; Disruption of Due to Special Events
Visitation During Time Other Parent Is Away
Visitation; Extended Vacations with Non-Custodial Spouse
Visitation; Failure to Exercise Visitation Rights as Basis for Upward Modification of Child Support
Visitation; General Schedule During School Year—Residence of child with Wife; general visitation rights of Husband
Visitation; Grandparents
Visitation; Holidays—Alternating major holidays to be shared for purposes of visitation
Visitation; Illness of Child
Visitation; Interference with—Interference with non-custodial parent’s visitation rights to be deemed evidence that custodial parent is an unfit parent
Visitation; Jewish Holidays
Visitation; Liberal Visitation with Declaration of Custody—Custody to Wife; liberal visitation to Husband
Visitation; Location of Visit—Husband is to obtain permission of Wife when taking children beyond a specified geographic area
Visitation; Mental or Emotional Impairment of Non-Custodial Parent
Visitation; Midweek During School Year; Responsibility of Parent to Pick up and take Child to School
Visitation; Modification of Due to Child's Request
Visitation; Mothers Day, Fathers Day and Parental Birthdays
Visitation; Notice of Intent to Exercise Rights—Husband to give notice of intention of exercise visitation rights
Visitation; Notice of Intent Not to Exercise Visitation Rights—Husband to notify Wife if he will not visit
Visitation; Parents Residing in Different Countries
Visitation; Penalty for Failure to Exercise Without Notice
Visitation; Pick Up and Drop Off
Visitation; Private Visits with Children—Visits of Husband to take place away from residence of Wife
Visitation; Procedure for Modification of Access to Children as They Grow Older
Visitation; Religious Holidays—Visitation rights split according to nature of holiday
Visitation; Residence of Custodial Parent Distant from Non-Custodial Parent
Visitation; Summer Recess
Visitation; Supervised Visitation with Declaration of Custody—Custody to mother; supervised visitation to father
Visitation; Therapy or Counseling as a Condition for
Visitation; Travel of Children Necessary for Fulfillment of Visitation Rights
Visitation; Vacations—Vacation periods with children to be shared equally
Visitation; Waiver of Rights—Failure to exercise visitation not to be deemed a waiver of future rights
Voluntary Gifts or Payments to Other Spouse; No Effect on Agreement
Voluntary Payments for Benefit of Children; No Effect on Child Support Obligations
Voluntary Payments for Benefit of Spouse and/or Children Not to Alter Obligations or Entitlements

W-Z
List of Clauses

Wages; Garnishment of the Pay Matrimonial Obligations
Waiver of Claims to Property of Spouse—Husband waives all rights to any property of Wife, including right to share in Wife’s estate
Waiver of Community Property and Equitable Distribution in Consideration of Cash Payment and Spousal Support
Waiver of Distributive Share—Parties waive all gifts to distributive award or award of equitable distribution
Waiver of Maintenance and Distributive Share—Parties waive all rights to maintenance, distributive award or equitable distribution
Wedding Gifts; Characterization of as Marital Property; Exception for Gifts from Parents

APPENDIX A