» Separation Agreements

Following your divorce hearing, the court will enter a Judgment of Absolute Divorce, which incorporates the terms of your Separation Agreement, but does not merge the document into the final Judgment.  This means that your Separation Agreement will continue to exist as a distinct legal contract following your divorce.  The significance of this distinction is in the enforcement of your Agreement.  If your spouse does not follow the terms of your Agreement, you may seek enforcement of the Agreement through contractual remedies, or request that the court hold your spouse in contempt of a court order.

Whether through mediation, while involved in litigation, or through the Collaborative process, you and your spouse can negotiate a separation agreement and be as creative as needed to address all the unique issues related to dissolution of your marriage. What can be, and what should be, included in your separation agreement is best determined on a case-by-case basis. It is important to seek the independent advice of an experienced attorney when considering entering into a separation agreement.

Depending upon the circumstances of your case, you may need to be physically separated for up to 12 months before you obtain a final divorce. During this time, while living apart, a separation agreement can act as a legally binding document that directs the course of your financial conduct, both during separation and afterwards. Financially, a separation agreement can apportion marital assets and preserve assets that are non-marital. If you and your spouse own real property, a separation agreement can provide for the sale of a marital home and payment of the mortgage and other household expenses while the property is listed for sale. In cases involving children, a separation agreement can define your parental rights, clarify holiday access schedules, and set forth guidelines for important parental decision-making.