Generate Divorce Agreement
A divorce agreement is a written document between separated spouses that clearly outlines all agreements between the two parties regarding the division of property, assets, and debts. If applicable, it also includes arrangements for the custody, care, and support of their children once the divorce becomes final.
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Alternative names:
Marital Settlement Agreement Divorce Settlement Agreement Separation Agreement Property Settlement AgreementWhat is a Divorce Agreement?
A divorce agreement is a legally binding contract between two separating spouses that sets out all of the terms of their divorce. It covers the division of property and assets, spousal support, debt responsibility, and — when children are involved — custody, visitation, and child support arrangements. Once approved by a court, it becomes part of the final divorce decree and is enforceable by law.
A divorce agreement is sometimes called a marital settlement agreement, separation agreement, or property settlement agreement, depending on the state and context.
When do I need a Divorce Agreement?
Separating from a spouse: When both parties agree to end the marriage and want to formalize the terms.
Dividing assets and debts: When the spouses need to clearly allocate property, financial accounts, and liabilities.
Children involved: When custody, visitation, and child support arrangements need to be legally documented.
Spousal support: When one spouse will provide financial support to the other after the divorce.
What should I include in my Divorce Agreement?
Parties: Full legal names of both spouses.
Property division: How the marital home, real estate, vehicles, and personal property will be distributed.
Debts: Which spouse is responsible for joint and individual debts.
Spousal support: Whether alimony will be paid, the amount, and how long it will last.
Child custody: Legal and physical custody arrangements for any minor children.
Child support: Monthly payment amounts and the start date.
Governing law: The state whose laws will govern the agreement.
Frequently Asked Questions
Yes. A divorce agreement must be submitted to and approved by a court before it becomes legally binding. Once approved, it is typically incorporated into the final divorce decree and becomes enforceable as a court order.
Legal custody refers to the right to make major decisions about a child's upbringing, such as education, medical care, and religion. Physical custody refers to where the child lives. Spouses can share legal custody while one parent has primary physical custody, which is one of the most common arrangements.
Certain terms, such as child custody and child support, can be modified if there is a significant change in circumstances. Other terms, such as the division of property and debts, are generally final once the agreement is court-approved.
Spousal support, also known as alimony, is a regular payment made from one spouse to the other after a separation or divorce. It is intended to allow the receiving spouse to maintain the standard of living they had during the marriage. Courts consider income, length of marriage, and financial need when determining support.
While you are not legally required to have a lawyer, it is strongly recommended to have an attorney review your agreement before filing, especially when children, significant assets, or complex financial arrangements are involved. Each state also has specific requirements that a lawyer can help you navigate.
