A separation agreement is a legally binding contract between married partners that formalizes their separation terms.
A separation agreement (also known as a Marital Separation Agreement) serves as an official document outlining how separating spouses will handle important matters during their separation. This legally enforceable contract establishes clear terms for both parties and can be upheld in court if breached.
The agreement typically covers:
- Property division and asset allocation
- Child custody and access arrangements
- Child and spousal support obligations
- Financial responsibilities and debt management
While not legally required to be in writing, documenting the agreement is strongly recommended as verbal agreements are difficult to prove in court. Courts will generally uphold separation agreements provided they are fair, reasonable, and properly executed by both parties.