Agreement Incident to Divorce
An Agreement Incident to Divorce or AID is a supplemental document to a Decree of Divorce. This document is completely confidential and not filed with the decree and therefore not viewable in the public record. The final decree will reference this document and it contains all of the details the parties want to add that are not part of the standard decree.
The AID is as enforceable as any contract would be, and if either party violates this agreement they can be held in contempt and attorney’s fees may be awarded to the other party. The AID is signed by both parties and can be used by either to compel compliance and/or punish violations of the agreement. Should any part of the agreement be too unclear to be enforced, a court order can be issued to provide clarification of the agreement.
What is Included in an AID?
Details not commonly included in the Decree of Divorce can be part of an AID. Many people choose to incorporate financial details into their Agreement Incident to Divorce such as:
- Income details and specifics
- Investments
- Tax-related details
- Alimony
- Real estate
- Trusts
- Asset-related details, etc.
Details regarding children of the marriage are also often part of the AID:
- Visitation details
- Support details
- Special needs of the child(ren)
- Child support continuing beyond the limitation of the Decree (usually terminates at 18 years of age or when the child finishes high school, whichever is later)
- Agreements for college tuition payments
- Agreements for health and auto insurance payments
- Agreements for vehicle payments
For high net worth divorce situations, the AID can provide details and arrangements not commonly included in a standard Decree of Divorce. Details regarding real estate and alimony can be articulated to benefit both parties.
Why would I choose an AID?
If your case requires extra detail and privacy to protect the interests of all parties and you are participating in a Collaborative Law divorce, then an Agreement Incident to Divorce may be a great supplement to your final decree. Contact us today to schedule a consultation for your specific needs.
