Separation Agreement

Separation Agreements

A separation agreement is signed by parties who are married, but wish to live apart. In some states, you cannot get a divorce until you have lived apart for a certain period, such as six months or a year.

Separation agreements usually cover matters such as who will be entitled to what marital property, who will pay each of the existing debts, whether there will be child support paid, and who will have custody of any minor children. (It is very similar to a divorce settlement agreement.) Other things that may be covered are agreements that each party waives a right to the otherís estate and agrees not to harass the other.

Again, these forms determine important legal rights, so they should not be signed until you understand all your legal rights.

Sample Separation Agreement

This Agreement is entered into on _______________________________, 20________, by and between ____________________________________________ and ___________________________________________. The parties were married on _____________________________, _______.

As a result of disputes and serious differences, they have separated and are now living separate and apart, and wish to continue living apart. They intend to settle by this agreement their marital matters, including child custody, child support, division of property and debts, and their rights to alimony. For these reasons and in consideration of the mutual promises contained in this Agreement, Husband and Wife agree as follows:

1. LIVING SEPARATE. Husband and Wife will live separate and apart from each other, as if they were single and unmarried.

2. NO HARASSMENT OR INTERFERENCE. Neither party will in any manner harass, annoy, or interfere with the other.


o There are no minor children. o The ________________ shall pay the sum of $ _______________ per _______________ as support and maintenance for the minor child(ren) in the physical custody of the other parent. o The _______________ shall maintain health insurance coverage for the minor child(ren) as long as such insurance is available at a reasonable group rate.

o Other: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________


The Husband transfers to the Wife as her sole and separate property: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

o Continued on Additional Sheet. The Wife transfers to the Husband as his sole and separate property: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

o Continued on Additional Sheet.

6. DIVISION OF DEBTS The Husband shall pay, and will not at any time hold the Wife responsible for, the following debts: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

o Continued on Additional Sheet.

The Wife shall pay, and will not at any time hold the Husband responsible for, the following debts: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

o Continued on Additional Sheet.


The o Husband o Wife shall pay alimony in the sum of $ _____________ per ______________, for a period of _______________________;

or until the o Husband o Wife dies or remarries, whichever occurs first.

o Other: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

8. EFFECT OF DIVORCE OR DISSOLUTION OF MARRIAGE. In the event of a divorce or dissolution of marriage, this Separation Agreement shall, if the court approves, be merged with, incorporated into, and become a part of any subsequent decree or judgment for divorce or dissolution of marriage.

9. FINANCIAL DISCLOSURE. The parties have revealed to each other full financial information regarding their net worth, assets, holdings, income, and liabilities; not only by their discussions with each other, but also through copies of their current financial statements, copies of which are attached hereto as Exhibits A and B. Both parties acknowledge that they had sufficient time to review the otherís financial statement, are familiar with and understand the otherís financial statement, had any questions satisfactorily answered, and are satisfied that full and complete financial disclosure has been made by the other.

10.WAIVER OF ESTATE. Both parties to this agreement agree to waive any and all right to the estate of the other, including dower, curtesy, elective share, community property rights, or rights of intestacy. Each party shall be allowed to pass his or her property freely by will.

11. INDEPENDENT REPRESENTATION BY COUNSEL. Each party has the right to representation by independent counsel. Each party fully understands his or her rights and considers the terms of this agreement to be fair and reasonable.

12. EXECUTION OF NECESSARY INSTRUMENTS. The parties will execute and deliver any other instruments and documents that may be necessary and convenient to carry out all of the terms of this Agreement.

13. ENTIRE AGREEMENT. This instrument, including any attached exhibits, constitutes the entire agreement of the parties. No representations or promises have been made except those that are set out in this Agreement. This agreement may not be modified or terminated except in writing signed by the parties.

14. GOVERNING LAW. This Agreement shall be governed by the laws of ________________________________.

15. BINDING EFFECT. This agreement shall be binding upon the parties, and upon their heirs, executors, personal representatives, administrators, successors, and assigns. Husbandís Signature                                               Wifeís Signature