Generate Separation Agreement
A separation agreement is a legally binding contract between spouses who have decided to live apart. It outlines the terms of their separation including property division, spousal support, and child custody — while keeping the marriage legally intact.
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Answer simple questions to generate your personalized Separation Agreement.Last Updated February 2023
What is a Separation Agreement?
A separation agreement is a legally binding contract between two married spouses who have decided to live apart but have not yet — or do not intend to — formally divorce. It establishes the terms of the separation, covering how property and assets will be divided, whether spousal support will be paid, and how children will be cared for during the separation period.
Unlike a divorce, a separation agreement does not legally end the marriage. The couple remains legally married but lives independently under the terms set out in the agreement.
When do I need a Separation Agreement?
Living apart from your spouse: When you and your spouse have decided to live separately and need to formalize the arrangement.
Trial separation: When the couple wants to live apart temporarily before deciding on divorce.
Religious reasons: When divorce is not an option due to religious beliefs, but the couple needs a legal framework for their separation.
Children involved: When the couple needs to establish custody, visitation, and child support arrangements during the separation.
What should I include in my Separation Agreement?
Parties: Full legal names of both spouses and details of the marriage.
Spousal support: Whether support will be paid, the amount, and how long it will last.
Child custody and support: Custody arrangements, visitation schedules, and monthly child support payments.
Property division: How the marital home, real estate, personal property, and vehicles will be handled.
Financial accounts and debts: How joint accounts and debts will be divided.
Governing law: The state whose laws will govern the agreement.
Frequently Asked Questions
A separation allows spouses to live apart and formalize their arrangements while remaining legally married. A divorce legally ends the marriage. A separation agreement can later be incorporated into a divorce decree if the couple decides to divorce.
Yes. A separation agreement signed by both parties is a legally binding contract. Courts will generally enforce its terms, and in many states it can be filed with the court to make it an official court order.
Yes. In many states, if the couple later decides to divorce, the terms of the separation agreement can be incorporated into the divorce decree, making the process faster and simpler since the key issues have already been resolved.
Yes. If the spouses reconcile, the separation agreement can be revoked by mutual written consent. Since the marriage was never legally dissolved, no further action is required to resume the marital relationship.
While not legally required, it is strongly recommended that each spouse have independent legal counsel review the agreement, especially when children, significant assets, or complex financial arrangements are involved.
