Covid-19 Update:

The Law Office of Andrew A. Bestafka, Esq. is taking a safe but proactive approach to the Coronavirus situation in our law practice. We are working every day to represent our clients. We are offering frontline healthcare workers at CentraState free Simple Wills. To read more please Click Here

The days ahead may be a challenge. But we will continue to work to take care of our client’s cases and to take on new matters and clients. We will simply manage your case in less traditional, more technology-driven ways, that are safer for your health and ours.

Please stay healthy and contact us if you have any questions or concerns regarding your case or a new matter for us to consider.

How to Negotiate a Divorce Settlement with Your Spouse

How to Negotiate a Divorce Settlement with Your Spouse


Divorce can be emotionally and legally demanding, leaving you feeling overwhelmed and unsure of the next steps. Even in the midst of the turmoil divorce creates, you need to keep your head so you can negotiate with your spouse to get the settlement agreement that benefits you as much as possible. By approaching negotiations strategically, you and your spouse can craft a fair settlement that serves both your needs.

Hiring a skilled family law attorney who can represent you in negotiations with your spouse’s lawyer is one of the best ways to get what you need from your divorce. You can take the following steps to put yourself in a good position.

Understand Your Financial Situation

The first step in negotiating a divorce settlement is to understand your financial situation clearly. This requires you to identify all your assets, liabilities, income, and expenses. Gather documentation such as tax returns, bank statements, credit card bills, mortgage payment statements, and investment account statements. This information will be crucial in determining an equitable distribution of marital property.

Knowing your financial standing allows you to make informed decisions during the negotiation process. You’ll be able to identify areas where you may need to compromise so you can prioritize the issues that matter most to you and your family’s well-being.

Communicate Openly and Honestly

In successful divorce negotiations, prioritize open and honest communication with your spouse. Actively listen to their concerns and perspectives, and transparently share your own needs and interests, including when you need to negotiate a divorce settlement with your spouse. Avoid making assumptions or rushing to conclusions. Instead, focus on collaboratively finding solutions that benefit both of you.

Open communication can help you and your spouse develop a shared understanding of the issues and increase the likelihood of reaching an agreement. It’s important to create an environment where both parties feel heard and respected, even if you don’t always agree.

Consider All Options for Resolution

You can take several approaches to resolving your divorce. Mediation, for example, is optional in divorce in New Jersey, and it can be a cost-effective and collaborative way to negotiate a settlement. In mediation, you and your spouse work with a neutral third party to find common ground and reach an agreement.

Collaborative divorce is another option that involves both parties and their attorneys working together to find a solution. In a collaborative divorce, the parties may engage the help of financial advisors, mental health professionals, and others, as well as their lawyers.

Prioritize Your Needs

As you negotiate the terms of your divorce settlement, it’s essential to prioritize your most crucial needs. This may include child custody, child support, alimony, and the division of assets. Be realistic about your priorities and be willing to compromise on less essential matters. By clearly identifying your top priorities, you can ensure that the settlement addresses the most critical aspects of your life and well-being.

Consider the Long-Term Implications

When negotiating a divorce settlement, it’s essential to consider the long-term implications of your decisions. Think about what your life will look like after the divorce. If you’ll have custody of the kids, where will you live? Will you have sufficient support to provide for them? If you’re dividing assets, will there be tax implications? Make sure you have an attorney review your settlement agreement so that you don’t miss anything important.

Seek Professional Guidance

While it’s possible to negotiate a divorce settlement on your own, an experienced attorney can provide advice and support throughout the negotiation process. They can also assist you in identifying any pitfalls and suggest strategies for reaching a fair and equitable agreement.

Be Prepared to Compromise

a group of lawyers  sitting at a table negotiate a divorce settlement Ultimately, successful divorce negotiations often involve a degree of compromise from both parties. Be willing to listen to your spouse’s concerns and be open to finding solutions that meet both of your needs, even if they don’t perfectly align with your initial preferences. Remember that the goal is to come to an agreement that allows you both to move forward with your lives positively and productively.

Compromise doesn’t mean sacrificing your core values or needs. Rather, it’s about finding creative solutions that address the concerns of both parties and prevent the divorce process from becoming a protracted, adversarial battle.

Get Legal Help Today

If you’re going through a divorce and need assistance with negotiating a settlement, the team at The Law Office of Andrew A. Bestafka, Esq. can help. Our experienced attorneys are committed to providing personalized, professional legal representation to help you achieve the best possible outcome. Call us at (732) 898-2378 to schedule a consultation and learn more about how we can support you during this difficult time.

Related Posts: