What is a marriage separation agreement?

Sometimes called a property settlement agreement, a marriage separation agreement is a written agreement that divides your property between you and your spouse. It is also used to work out alimony, custody, and child support. This document is usually created before or during a separation. If you have property, joint debts, or children, you can use a marriage separation agreement to work out the details of your separation so that everything is in writing and is clearly understood by both parties.

What should I include in a marriage separation agreement?

It is not uncommon for there to be some negotiation involved in creating a marriage separation agreement. You may find that you have different priorities and that you each want different items. If you both want the same things, such as the family home, child custody, or possession of jointly owned property, this agreement will take more time to negotiate. Consider including any or all the following information: Who will live in the family home? Who will pay the expenses, including the mortgage, utilities, and other home maintenance? What happens to the money in your bank accounts? What happens to other assets like stocks, retirement accounts, and other investments? Who gets the car and other big ticket items? What happens to credit cards and accounts you share? Who will pay your current debts? Will you divide them or will one partner pay them? What happens at tax time, and who can claim the children? Does one partner need spousal support or alimony? Who will pay for child care? Who will pay child support? Who will pay tuition and college expenses? Who will have custody of the children or what schedule will you use for shared custody? Your marriage separation agreement should answer any of the above questions that apply to your situation and any others that are unique to you.

Does a marriage separation agreement need to be filed with the court?

Your initial marriage separation agreement can be made outside of the court, but will likely need to be submitted to the court if you choose to go through with filing for divorce. Depending on where you live, the marriage separation agreement may be merged with the final divorce decree; it then becomes a court order and is enforceable by the court. If you do not have it incorporated into your decree, it is treated as a contract. You will have to file a lawsuit if your ex-spouse does not comply with the terms of your agreement in this case.

Are marriage separation agreements binding and enforceable?

During your separation, your agreement is a contract between you and your spouse. Once the court approves your divorce, the agreement could be treated in one of two ways: The agreement is incorporated into the divorce decree, and violations are subject to contempt of court. The agreement is not incorporated into the divorce decree. If one party violates it, the other will have to sue to get them to comply.

Can the marriage separation agreement be changed?

If you have not filed the separation agreement in court, then you may amend the agreement simply by creating a new one and signing it along with your spouse. If you have already initiated formal divorce proceedings, then you can change the separation agreement by amending it with court approval.

Marriage Separation Agreement

A marriage separation agreement is used to formalize all the important terms of your divorce, including issues of child custody, alimony, and the division of your debts and assets.

LegalNature's step-by-step guidance will help you resolve these issues so you can quickly and easily get a legally sound marriage separation.

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Our marriage separation agreement

Helps facilitate a smooth separation
Clarifies the terms of your separation
Helps you save money by avoiding a contentious divorce
Is compliant throughout all states and the District of Columbia

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How to create a marriage separation agreement in 3 steps

Gather Information

As you complete your marriage separation agreement, you will need to provide certain relevant information. This includes a list of marital property and debts, proposed division of such marital property and debts, as well as other financial considerations such as child support and alimony.

Answer Key Questions

Use the information you collected to complete the marriage separation agreement. We make this easy by guiding you each step of the way and helping you customize your document to match your specific needs. The questions and information in the form will change dynamically as you provide your answers and select your state.

Review and Sign

Both spouses need to review and sign the agreement as well as acknowledge that they understand and accept its terms. Each party should consult with an independent attorney or financial advisor whenever necessary.

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