Name: Drafting Divorce Agreements: Simplifying the Complexity To Achieve Common Sense
Uploaded: 2026-03-13T10:00:00-07:00
Description: We will cover a variety of topics in drafting divorce agreements – tax, personal property, disposition of real property, business interests, etc. These provisions can be quite challenging to draft. We will offer ways to simplify them and make them user friendly to courts if disputes arise about these agreements.

Justia Connect Webinars Drafting Divorce Agreements: Simplifying the Complexity To Achieve Common Sense

CLE

Matthew Cooper Justice of the New York State Supreme Court (Ret.)

Alan Feigenbaum Blank Rome LLP

Daniel Lipschutz Aronson, Mayefsky, and Sloan LLP

Drafting Divorce Agreements Simplifying the Complexity To Achieve Common Sense

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Overview AI Webinar Summary

Drafting Divorce Agreements: Simplifying the Complexity To Achieve Common Sense

We will cover a variety of topics in drafting divorce agreements – tax, personal property, disposition of real property, business interests, etc. These provisions can be quite challenging to draft. We will offer ways to simplify them and make them user friendly to courts if disputes arise about these agreements.

Topics covered include:

Family Law

Agenda:

Introductory Overview

The importance of clarity and precision in drafting complex divorce agreements
Common drafting pitfalls that lead to post-judgment litigation
How courts interpret ambiguity in marital settlement agreements

Fighting Over Furniture & Personal Property

The “FOF” problem: why minor assets create major disputes
Coin flips, alternate selection, and family heirlooms
Valuation challenges: used furniture, collectibles, and sentimental property
The “nuclear option”: arbitration and third-party resolution
Strategies for dividing property with approximately equal value

“If, As, and When” Assets

When deferred distribution clauses are appropriate
Defining and allocating projected income taxes
Valuation issues and drafting approaches
Keeping the non-titled spouse informed
Capital calls, access to information, and trial considerations

Transfers of Title to Real Property

Houses, condos, and co-ops: drafting and approval issues
Allocation of transfer taxes, mansion taxes, and legal fees
Refinancing risks and interest-rate changes
Duration and risks of post-divorce co-ownership

Dividing Financial Accounts & Marital Waste

Timing issues: date of commencement vs. date of division
Interim spending and account management
Brokerage accounts and “in kind” distributions
Understanding lifestyle funding
Marital waste: drafting strategies and judicial perspective

Custody Complexities & Support Provisions

Drafting for non-traditional custody arrangements
Family therapy vs. parent coordination
Limits of mediation in custody disputes
Domestic violence considerations
Spousal maintenance duration and advisory guidelines
Lifestyle analysis vs. self-sufficiency
Girlfriend/boyfriend clauses and cohabitation
Child support complications and planning tools
Securing obligations through insurance and estate planning

Questions & Answers (Time Permitting)

Duration of this webinar: 90 minutes

Originally broadcast: March 13, 2026 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

The speakers emphasize the importance of using plain English in drafting separation and prenuptial agreements for clarity and comprehension. They urge considering a judge's perspective in reviewing agreements, emphasizing straightforwardness to promote effective implementation.

07:07 Personal Property and Asset Division

The speakers discuss the challenges of resolving disputes over personal property in divorce cases, suggesting alternate selection as a possible solution. They note the lack of case law on personal property disposition in divorce, with the judicial default often being to sell the items. They highlight the difficulty in determining whether items have inherent or special value. The speakers emphasize the need to consider valuable items like jewelry and art, which require careful drafting to address ownership and distribution. The speakers discuss the complexities of drafting provisions for 'if, as, and when' assets, emphasizing the need for clear reconciliation mechanisms.

38:34 Real Property and Financial Considerations

The conversation shifts to real property, discussing the challenges of transferring ownership in cooperative apartments and the need for contingency planning. The speakers emphasize the importance of addressing refinancing and mortgage issues in settlement agreements, mentioning interest rates as a potential concern. They discuss the need for clear provisions regarding possession, title transfer, and responsibility for costs and taxes in real property agreements. The speakers address concerns related to marital waste or dissipation of assets and how this can affect property division.

01:13:03 Custody and Parenting Provisions

The speakers discuss the complexities of drafting custody and parenting provisions, emphasizing the importance of avoiding court involvement. They highlight the need for dispute resolution mechanisms, such as parent coordinators or mediation, to address decision-making impasses. The conversation shifts to the trend towards joint custody and decision-making, noting statutory presumptions in some states. They emphasize the importance of drafting provisions that allow for judicial review while minimizing court involvement. The speakers discuss the use of parent coordinators and family therapists in contentious cases to guide families through the process. They highlight the importance of structuring the process effectively to ensure successful resolution of disputes.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speakers

Matthew Cooper Justice of the New York State Supreme Court (Ret.)

Matthew F. Cooper retired as a Justice of the New York State Supreme Court in December of 2021, having served for 21 years in the state judiciary. Read More ›

Alan Feigenbaum Partner
Blank Rome LLP

Alan Feigenbaum is an experienced matrimonial and family law attorney whose prime focus is the maximization of his clients’ long-term, post-divorce, emotional capital. Read More ›

Daniel Lipschutz Partner
Aronson, Mayefsky, and Sloan LLP

Daniel Lipschutz represents individuals and families in complex domestic and international family law disputes, including matters related to divorce, custody, asset division, child and spousal support, paternity, and business valuations. As an experienced litigator and practitioner, Daniel has consistently been recognized in peer-reviewed surveys as a top matrimonial attorney in New York and, more recently, Florida. In addition to litigation, he has extensive experience in alternative dispute resolution, including arbitrations and mediations, conducted locally, nationally, and internationally. Read More ›

Continuing Legal Education (CLE) Credits

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Alaska CLE

Status: Approved

Credits: 1.50 General

Earn Credit Until: March 12, 2031

California CLE

Status: Approved

Credits: 1.50 General

Earn Credit Until: June 30, 2026

Hawaii CLE

Status: Approved

Credits: 1.50 General

Earn Credit Until: March 11, 2028

Illinois CLE

Status: Approved

Credits: 1.50 General

Earn Credit Until: March 27, 2028

New Jersey CLE

Status: Approved

Credits: 1.80 General

Earn Credit Until: March 12, 2027

North Carolina CLE

Status: Approved

Credits: 1.50 General

Earn Credit Until: February 28, 2027

Ohio CLE

Status: Approved

Credits: 1.50 General

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Credits: 1.50 Substantive Law, Practice, and Procedure

Earn Credit Until: March 11, 2028

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2027

Vermont CLE

Status: Approved

Credits: 1.50 General

Earn Credit Until: March 13, 2031

This presentation is approved for one and a half hours of General CLE credit in Alaska, one and a half hours of General CLE credit in California, one and a half hours of General CLE credit in Hawaii, one and a half hours of General CLE credit in Illinois, one and a half hours of General CLE credit in North Carolina, one and a half hours of General CLE credit in Ohio, one and a half hours of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, and one and a half hours of General CLE credit in Vermont. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.80 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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