When couples separate and decide not to reconcile, or even divorce, they need to work out how they will handle important issues like property, finances, children, and alimony. The best way to do this is with a separation agreement, which can be legally binding and enforceable in court.

Often, spouses are able to agree on the terms of their separation agreement and avoid lengthy, drawn-out court appearances. The flexibility of separation agreements means that they can be as detailed or as vague as the parties choose to make them, and can cover anything from the division of assets to child custody and spousal support.

Separation agreements can be especially useful for couples who want to take a trial separation to see whether they can live apart and resolve their differences before seeking a full-on divorce. The couple can also use the contract to set out their financial expectations, including how they will share bank accounts and credit cards, how bills will be paid, and who will stay in the family home.

Other key considerations for a separation agreement can include how to divide up debts, including mortgages, credit cards, car loans, personal loans, and insurance policies. The contract can also include an outline of how any pension and other retirement accounts, such as a 401(k), will be divided up.

Any child-related provisions in a separation agreement must comply with state law. This means that they must be in the “best interests of the child.” The court may consider a different arrangement if it can be shown that the original agreement was made by fraud, or if important information was withheld from one party. Ideally, each party will have their own attorney to prepare the separation agreement to ensure that they are protected and have an understanding of how their rights will be affected by the contract. separation agreements