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Free Separation Agreement Templates

Not all marriages succeed, and as such, there will always be a need for a cordial way for couples to separate without resorting to divorce or marriage dissolution. A separation agreement is one way to go about partying ways. A separation agreement is a legal way to end a marriage without obtaining a divorce. Divorce separation requires too many formalities and commitments, such as court appearances, deadlines, government-mandated guidelines, etc. Separation agreements are used to bypass this lengthy and usually frustrating process.

The agreement summarizes the rights and obligations of each spouse in terms of how marital property (assets and liabilities), custody, and child support will be shared. The separation can be temporary or indefinite. So, you can be separated from your spouse through the agreement and remain legally married to them. However, the agreement can be created as a step towards a divorce.

Also, it can be converted to a divorce intercession if one of its signatories fails to comply with or honour the stipulations of the separation agreement. However, you must have been separate for more than a year after the agreement was signed. Such a divorce is referred to as a โ€œconversionโ€ divorce. Note that if the court has approved the agreement, the conversion process is normally an uncontested proceeding, and a hearing is therefore not necessary.ย 

Separated is a marital status in itself; it is neither married nor divorced. You and your spouse should sign the agreement for it to be valid. Sometimes, a separation agreement does not require an attorney to draft it. For example, if there are no debts or other liabilities that need to be settled during the separation. This article examines how a separation agreement works and what to include in the document. 

What is a Separation Agreement?

Separation agreements are contracts in which the couple agrees to keep their financial and personal affairs separate.

These agreements are often used when a marriage ends, temporarily or indefinitely, as a step toward divorce. The separation agreement may contain provisions about child custody, alimony, spousal support, and asset division.

If a divorce is pursued after the separation agreement is signed, the document can be submitted to the court during the divorce proceeding. Judges may sometimes reference the terms of the separation agreement when issuing their final divorce decree.  

Separation does not imply living in different residences; a couple can live together and still be separated, also known as in-house separation. Separation includes division of property, sleeping separately (intimacy separation), and detachment from the marital contract, typically intending to divorce eventually.

Alternative names

Alternative names of the agreement include:

  • In-house Separation Agreement
  • Marriage Separation Agreement
  • Legal Separation Agreement
  • Legal separation papers
  • Trial Separation Agreement

When to Use a Separation Agreement?

There are many instances where a substantial legal battle is not necessary. And in such cases, separation agreements are a perfect solution as they allow couples to work together and separate amicably without needing a court order.

Below are circumstances where you may enter into such an agreement:

You and your spouse are living apart

Married couples can use the agreement when they feel like their marriage isnโ€™t working and want to separate for a period before deciding how to proceed in the long term. This gives the couple a trial period where they can assess their marriage and decide if they want to reconcile or divorce after the separation. The agreement can cover how responsibilities between you and your spouse are shared. It also serves as a vital record of how long you have been separated. 

You and your spouse are separated and planning divorce

The agreement is also used as you work towards a divorce. The agreement will decide how issues such as child custody, child support, and spousal support should be treated when the divorce occurs. This gives you enough control over how the terms of separation will be handled before the divorce. The agreement can also be presented in divorce court as judges can choose to honor your agreement with your spouse as they issue the final divorce decree.

You and your spouse want to separate permanently but maintain marital status

There are some cases where you and your spouse have wanted to separate but cannot do so due to various reasons such as tax benefits and religious beliefs. However, you have chosen not to seek a divorce and maintain marital status while being permanently separated. In such cases, you can use the agreement to maintain the status quo in favor of being legally separated while remaining married. Such an agreement ought to be filed with a judge who then issues a court-ordered legal separation. This separation is permitted in most states except Texas, Delaware, Mississippi, Louisiana, Georgia, and Pennsylvania.

Legal separation Vs. Divorce

Legal separation and divorce are two ways of legally preceding some of the obligations of a marital contract. However, there are disparities between these two approaches. A divorce must be authorized by a court and implies immediate and permanent separation, whereas, with a legal separation, the couple remains legally married.

This means a separation agreement is viable in the following situations:

  • When the couple is not emotionally prepared to undergo a divorce, they can file for legal separation.
  • Legal separation is also used when divorce is neither a viable option for social, moral, or religious reasons nor preferred because the couple doesnโ€™t want a divorce or live together.
  • A legal separation would have to be used if laws within the respective state require a couple to be separated for a particular period before filing for divorce.
  • Couples can opt for legal separation when they want to retain their marital status and associated privileges such as tax benefits, medical insurance, etc. since they are still legally married.ย 
  • A legal separation agreement is usually used when a couple wants to settle financial and property divisions before commencing the divorce process.
  • If one spouse receives spousal support during separation, a separation agreement must be in place.

What to Include in a Separation Agreement?

The separation agreement can include any terms that are prioritized by the couple. However, most agreements will entail items found in a divorce decree.

Some of the terms in the agreement are:

Child custody

It should be clear who becomes the primary caregiver, the terms of access, and visitation hours.

Support/maintenance

The agreement indicates spousal and child support obligations as agreed between you and your spouse. It also clarifies who will pay the spousal support and if it will be given to the receiving partner during the entire separation period.   

The marital home

The agreement should outline who retains possession of the coupleโ€™s marital home and who covers expenses such as insurance, mortgage, and utilities after the separation and after divorce, should the legal separation be converted to a divorce.

Division of assets and liabilities

Any assets and liabilities acquired during marriage ought to be distributed through the agreement. Such assets and liabilities include debts, retirement accounts, business/corporate interests, saving accounts, insurance plans and benefits, and property.

Separation Agreement Templates

Templates are fillable blank agreements with essential components that should be included in a valid separation agreement. The templates are written in legalese so that the document can be legally binding upon signing. Therefore, you should select a template that closely reflects the agreement with your spouse. 

So, if youโ€™re looking to avoid the expense of hiring an attorney, plenty of free templates offer excellent agreements that can help you craft suitable separation agreements. Our readers can download such templates from our site for free. The templates include terms for marital property, child custody, spousal support, etc., so youโ€™re sure to find something that suits your needs.

Free Separation Agreement Template Example
Printable Separation Agreement Format Sample
Editable Separation Agreement Template in Word
Sample Separation Agreement Format
Separation Agreement Template for Free
Printable Legal Separation Example

    Property Division in Separation

    Property division or distribution varies from one situation to another. Ideally, you retain what you own, and your spouse will retain what they own, and the jointly-owned will be divided between the two.

    Below is a simple procedure on how to go about this process:

    Enlist all your assets

    First, list down all the jointly-owned assets. The list should include bank deposits, investments, credit cards, electronics, retirement savings, jewellery, vehicles, and real estate (excluding marital homes).

    Appraise the value of your assets

    A professional should appraise each of the properties on the list to determine its market value. First, the appraiser estimates the value of a particular asset or liability. Then, record the value of each item on the property list.

    Decide the division of the property

    Lastly, it would be best if you decided who gets what. Start by determining whether thereโ€™s a logical owner to each property, and the property you disagree on can be divided as deemed fit. Next, you can consider utility, if a person has a viable reason to own the property. Also, the value should be considered as one precious item can be exchanged for several less-priced items.

    Factors to Calculate Spousal Support in the Agreement

    Spousal support or maintenance (alimony) is not a standard payment and will thus vary from one separation to the next. This is because the amount is dependent on the factors used for calculation. The money is meant to cushion the receiver against economic inequality after the separation.

    The factors used to calculate spousal support include:

    Length of the marriage

    The length of the marriage is factored in when determining how much a spouse should receive as alimony. This is because the longer the marriage, the more one spouse becomes financially dependent on their partner, and as a result, the spouse may require higher financial support than a spouse who was married for a short period.

    Standard of living before marriage

    A person who is set back on their career after marriage and canโ€™t return to a dependable job after separation will seek support to supplement their current financial needs. This can be vital for spouses who become stay-at-home spouses. Alimony, in this case, is also used to help the spouse to live according to the living standards they have been accustomed to.

    Future financial prospects for paying and receiving spouse

    Suppose the paying spouse has very lucrative career prospects and is expected to continue making considerably more income than the receiving spouse after separation. In that case, they will only be required to pay higher alimony. The earning capacity of each spouse will determine whether one pays high or low spousal support payments.

    Health and age of both spouses

    The alimony award can increase with age since, as a person grows older, it becomes more difficult to find and maintain employment that would enable them to meet their financial obligations. This is due to their age and probable health complications. Conversely, younger and healthier spouses have the potential to get back into the workforce to satisfy their financial needs and thus may not require high alimony. Thus, the health and age of both spouses will impact the amount of support required by each spouse after separation.

    Sacrifices and contributions of both spouses in marriage

    Suppose one spouse postponed certain career opportunities so that they could provide childcare, support their spouseโ€™s career, or has an economic disadvantage because they compromised their career. In that case, they will also receive higher alimony. The alimony is offered as a cushion and compensation in such cases.

    Frequently Asked Questions

    How is a marriage separation agreement signed?

    Both spouses should sign the marriage separation agreement in front of a notary public. This ensures that it is legally enforceable and authenticated so third parties cannot question its stipulations.

    Are marriage separation agreements legally binding?

    Yes, a properly drawn-up and signed marriage separation agreement is legally binding and may be enforced by the courts. The agreement is considered a legally binding contract in all states, even those that do not recognize legal separation. However, the agreement must be filed with a judge who issues the order of legal separation status for the couple.

    How long can you be legally separated?

    There is no limit to how long a couple can stay legally separated, it is usually up to them. Couples can stay legally separated until one spouse decides to remarry or file for divorce.ย 

    Can I include pets in a separation agreement?

    Yes, pets can be included in the agreement. However, the couple should agree that ownership of each pet will be granted to either spouse. They should also decide where the pets will live after separation and how they will be cared for and maintained.

    What happens to my separation agreement if my spouse and I reconcile?

    If you and your spouse reconcile after separation, you can ask the court to enter a stipulation in your separation decree that it is terminated or craft a termination agreement. In such a case, all of its terms will become invalid.

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