Maryland Separation Agreement Attorneys

Maryland does not recognize the marital status, “legally separated” — spouses are either married or divorced. However, it may be a good idea for couples who have made the decision to live apart in anticipation of divorce to draft a separation agreement. Also referred to as a “property settlement agreement,” or “marital settlement agreement,” a Maryland separation agreement is a legally binding and enforceable contract between spouses who are considering going their separate ways.

You and your spouse know your objectives better than anyone. At the Law Office of Shelly M. Ingram, we can help you create a separation agreement that is customized to your unique needs. With over a decade of experience, we are committed to assisting you with achieving the outcome that is best for your family.

What is a Separation Agreement?

There are no formal procedures for separation in Maryland. However, if you and your spouse decide to live apart, a separation agreement can be entered into that decides how you will handle your finances, debts, and living arrangements. It can also determine a wide range of issues that must be resolved in divorce, including child custody, parenting time, child support, alimony, property division, and many other matters. While a Maryland separation agreement may be oral or written, it should be in writing — as well as signed and notarized — to ensure its enforceability.

To reach a separation agreement, you and your spouse should have an open conversation about your expectations. While this isn’t always easy, it’s best to have a neutral third party to guide the discussion and ensure both parties are heard. At the Law Office of Shelly M. Ingram, we are skilled in helping couples settle their matrimonial matters through negotiation, mediation, and the collaborative process. If it is possible for you to reach a separation agreement with your spouse, we can assist you with resolving the issues that must be decided in whatever way works best for you.

What are the Benefits of a Maryland Separation Agreement?

Entering into a separation agreement while you are married can have a number of advantages. If you and your spouse are able to resolve all the issues that must be determined in divorce in this document, it can make the process of ending your marriage less contentious — and reduce your stress. It may even save you time that would otherwise be spent in litigation and decrease the overall costs of your case.

Some of the other benefits of executing a separation agreement can include:

  • Privacy — A separation agreement can give you and your spouse the opportunity to resolve the issues that must be resolved in your case privately, without judicial intervention.
  • Financial certainty — A separation agreement can allow you and your spouse to work out financial matters by specifying how property will be divided and whether alimony will be paid.
  • Stability for children — The guidelines for child custody and visitation can be determined in a settlement agreement. Deciding these issues in advance can help to reduce conflict between parents and help your children feel more secure during the transition period.
  • Alternative dispute resolution — A provision can be included that requires you and your spouse to attempt an alternative dispute resolution method, such as mediation or the collaborative process, before resorting to divorce litigation.
  • Continuation of health benefits — If you are on your spouse’s health insurance, your benefits would terminate upon divorce. If you live apart while still legally married, you would be entitled to remain on their policy.
  • Tax advantages — By staying legally married, you could still file joint tax returns with your spouse and benefit from any tax breaks given to married couples.

Additionally, a Maryland separation agreement can provide you and your spouse with a period apart to assess your circumstances and determine if reconciling is a possibility. You and your spouse might use this time to attend counseling and consider whether ending your marriage is the right decision. If you do decide to part ways, the separation agreement can be incorporated into your divorce decree. Otherwise, in the event you decide not to divorce, your separation agreement can remain in effect as a contract, which you and your spouse could revoke at any time by mutual consent.

If you are considering a separation agreement, the legal team at the Law Office of Shelly M. Ingram can discuss your options and work closely with you to identify your needs. With a focus on providing tailored solutions, we are dedicated to helping you obtain the results you desire — respectfully and amicably.

Contact an Experienced Maryland Divorce Attorney

If you are interested in negotiating a Maryland separation agreement with your spouse, the Law Office of Shelly M. Ingram offers the legal skill and experience necessary to help reach a resolution that works for your family. Call us at (301) 658-7354 or contact us through our website to schedule a consultation at our Fulton, MD family law office, just south of Columbia. We look forward to working with you.

To learn more, we invite you to explore our Frequently Asked Questions about Maryland separation agreements.