Separation Agreements are contracts entered into between married persons with the intent to separate immediately.  Separation Agreements often include the identification and ownership of property, alimony and child custody issues.  Separation Agreements are commonly referred to as Legal Separation Agreements.   Parties will attempt to negotiate a settlement of all issues and then perform under the agreement, including transferring titles and accounts where necessary.

There are various reasons why spouses consider entering into a Separation Agreement while still married.  One common reason is for religious purposes where divorce may not be an option.   Another common reason is to allow a spouse to remain on the other’s health insurance plan.  Generally, a former spouse cannot remain on the other spouse’s insurance after divorce.  Other reasons include spouses who are separated and attempting to reconcile their differences.  Reconciliation is more unlikely if disagreements over property, custody and support stand in the way.  Often, settling those issues in advance can remove an important impediment to a successful reconciliation.  With those issues settled, marriage counseling can be far more productive.  Yet, another reason is that spouses simply want to live separate and apart without the finality of a divorce.

In Separation Agreements, the spouses remain married, but separated, until either spouse decides to file for a divorce.  Importantly, the agreement may dictate the basis for settlement of all of the marital issues in the event the spouses subsequently divorce.  Separation Agreements may be submitted to the court for approval and the terms of the Separation Agreement may be adopted by the court and included in the decree of divorce.

Separation Agreements are controlled by statute and certain formalities are required.  It is important for a spouse contemplating a Separation Agreement to obtain advice from a certified family law specialist.

LOGAR PULVER is at the forefront in knowledge and experience regarding Separation Agreements.  We educate, counsel, negotiate and prepare those agreements with skill and regularity. 

Disclaimer: This website and the articles and content thereon are for general informational purposes only and do not constitute legal advice.  Every case varies greatly and one should consult a knowledgeable family law attorney regarding one’s rights and obligations.    No attorney client relationship may be established as a result of reading or reviewing this article or any information on this website.  If you would like to consult with Logar Pulver please contact us.