What Is a Separation Agreement?

A SEPARATION AGREEMENT IS:

• A formal acknowledgement that two spouses have agreed to separate but remain legally married
• A document listing the terms of the separation and the responsibilities of each spouse during their time apart
• A temporary or permanent agreement, depending on whether the couple wants a temporary separation or is ready to divorce

What's the Difference Between Separation and Divorce?

Couples experiencing troubles in their marriage can either separate or divorce:

• In a separation, a couple remains legally married but lives separate lives. They can choose to reconcile at any time
• In a divorce, a couple officially ends their marriage by submitting divorce papers to a court. All assets and debts are divided, and the couple cannot reinstate their marriage if they decide to get back together

What's the Difference Between a Temporary and Permanent Separation Agreement?

The difference between a temporary and permanent Separation Agreement is:

• Temporary Separation Agreement: addresses matters such as spousal support or child support during a trial separation. The temporary agreement remains in place until the spouses reconcile, decide to divorce, or create a new agreement
• Permanent Separation Agreement: formalizes the terms of a permanent separation and is often submitted to a court. Permanent separation can be a solution if a couple cannot divorce for financial or spiritual/religious reasons

When Should I Use a Separation Agreement?

Separation Agreements can be used:

• To document the terms of a couple's temporary or trial separation
• To outline the terms of a permanent separation for a court
• To help establish the terms of a divorce agreement

What Information Do I Include in a Separation Agreement?

A Separation Agreement addresses important matters
such as:

Minor children:

• Type of custody: sole or joint
• Visitation schedules
• Child support payments, including frequency and amount
• Division of other costs such as health insurance

Spousal support:

• Spousal support payments, including frequency and amount
• When payments will end

Assets and debts:

• What will happen to the marital home
• Whether spouses are entitled to any specific assets
• Who is responsible for any debts