Sample Separation Agreement
By Amy Vandervort-Clark, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed July 18, 2023
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Many couples opt for a legal separation before filing for a divorce. A legal separation allows them to remain married, yet live separate lives. A legal separation agreement is a cornerstone of this option. A sample separation agreement can help you stay organized as you prepare to negotiate.
Separating from your spouse can happen for many reasons. Perhaps the married couple wants to repair their marriage but needs space to work through the problems. Maybe you aren't sure about going through a divorce or cannot because of religious beliefs. Or perhaps you have filed for divorce but need alimony or spousal support while the case is ongoing.
If you are going through a divorce or separation, the sample legal separation agreement template below will help. It can help you start thinking about and preparing for these discussions. Most, if not all, attorneys have their own forms that they will use as a resource. Each agreement is tailored to match the divorcing couple's situation.
A separation agreement is a legal document resulting from much discussion and negotiation. The couple agrees on many of the same issues they would during a divorce. Each will consider the issues surrounding the division of assets and liabilities. They will agree on a division of property. Marital property (like real property or real estate and certain bank accounts) is split.
A legal separation agreement cannot contradict a prenuptial agreement the couple may have.
It is a good idea to see if your state follows community property laws. You will want to learn how to identify each spouse's separate property and what belongs to you both.
The marital estate may include retirement accounts, such as pensions and individual retirement accounts (IRAs). If income was paid into these accounts during the marriage, each spouse may be able to collect from them. The spouse may sign a waiver of their rights.
If the couple has minor children, they will choose who has child custody. They will arrange visitation rights and visitation schedules. Child support payments are calculated with a payment schedule. The provisions of this agreement may also address spousal support. Note that a court may not enforce a custody arrangement if it is not in the best interest of the child.
In terms of this agreement, ensuring healthcare coverage and keeping health insurance is important. If life insurance is in place, it, too, should be kept. This is particularly vital if you share minor children.
You may pay less in attorney's fees if both of you agree on the main issues in the sample separation agreement before meeting with your attorneys. This might be possible in less complicated separations, such as those stemming from a short-term marriage with no children.
This sample agreement should help you get started. It is not as detailed as your final separation agreement will be. The couple will want to state whether they intend for this agreement's incorporation into a final court order or divorce.
Some couples will need to get their separation agreement customized for their state. Check your state divorce laws on FindLaw's Divorce and Child Custody State Laws page.
SEPARATION AGREEMENT _________________, hereinafter referred to as "Spouse 1," and _________________, hereinafter referred to as "Spouse 2," hereby agree to the following: A. Preliminary Matters 1. Spouse 1 and Spouse 2 were lawfully married on ____________, ______, at ______________ (city), _____ (state), in the County of ________________. 2. Date of separation was on or about _____________________. 3. Because certain problems have developed between Spouse 1 and Spouse 2, they hereby agree to live separately and apart, subject to the terms and conditions as set forth below. 4. Spouse 1 and Spouse 2 have made a complete, fair, and accurate disclosure to each other of all financial matters affecting this agreement. 5. Spouse 1 and Spouse 2 have each been advised and counseled by attorneys of their choosing regarding their legal rights as related to this agreement. 6. This agreement is intended to be a final disposition of the matters addressed herein. It may be used as evidence and incorporated into a final decree of divorce or dissolution. 7. Should a dispute arise regarding the enforcement of this agreement, the prevailing party will be entitled to recover their reasonable costs and attorney's fees. B. Custody and Visitation The children of this marriage are: |
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Child(ren)'s Initials: _________________________________________________________________ |
Date of Birth ______________________________________________________________________ |
Social Security Number _______________________________________________________ |
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The following is a detailed explanation of the timesharing/parenting time schedule, including holidays: ______________________________________________________________________________ The following is a detailed explanation of the custody of the children, including whether the spouses will share joint legal custody or if one parent has sole legal custody: ______________________________________________________________________________ |
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C. Child Support Spouse 1 will pay to Spouse 2 the amount of $_____________ each and every ____________ (week, month, etc.) as and for child support. Spouse 2 will pay to Spouse 1 the amount of $_____________ each and every ____________ (week, month, etc.) as and for child support. The following is an explanation of how extraordinary medical expenses will be handled: ______________________________________________________________________________ The following is an explanation of how school and extracurricular activity expenses will be handled: ______________________________________________________________________________ D. Spousal Support Spouse 1 will pay to Spouse 2 the amount of $_____________ each and every ____________ (week, month, etc.) as and for spousal support. Spouse 2 will pay to Spouse 1 the amount of $_____________ each and every ____________ (week, month, etc.) as and for spousal support. |
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E. Homestead Spouse 1 / Spouse 2 (circle one) will remain in the family home, located at _________________________________________________. Spouse 1's / Spouse 2's (circle one) new address will be The expenses relating to the family home will be paid by the parties as follows: |
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Spouse 1 will pay:_______________________________________________________________ |
Spouse 2 will pay:__________________________________________________ |
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F. Other Debt & Expense Payments Spouse 1 agrees to pay the following debts and expenses and will indemnify and hold Spouse 2 harmless from responsibility for: Spouse 2 agrees to pay the following debts and expenses and will indemnify and hold Spouse 1 harmless from responsibility for: Neither Spouse 1 nor Spouse 2 may incur any additional debt that may result in joint liability. Any debt incurred by either party subsequent to this date will be the sole responsibility of that party. |
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G. Personal Property The personal property of the parties will be divided as follows: |
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To Spouse 1:_______________________________________________________________________________________________ |
To Spouse 2:_______________________________________________________________________________________________ |
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H. Vehicles The vehicles of the parties will be divided as follows:
I. Insurance Spouse 1 will maintain life insurance in the amount of $_____________ for the benefit of: Spouse 2 will maintain life insurance in the amount of $_____________ for the benefit of: Spouse 1 will maintain medical and dental insurance for the benefit of: Spouse 2 will maintain medical and dental insurance for the benefit of: |
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J. Attestation Agreed to this __________ day of _____________, ____________. By: |
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| Spouse 1 _________________ | Spouse 2 _________________ | ||
| Witnessed by: | |||
___________(Witness or counsel signature) |
________________(Witness or counsel signature) |
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| [NOTARY PUBLIC WILL AFFIX STAMP HERE] |
Note: Most agreements would refer to Spouse 1 and Spouse 2 by their first names or by "Husband" and "Wife."
Get Professional Legal Help With Your Legal Separation
Legal separations can be stressful. Trying to reach an amicable agreement can be even more stressful. Whether you are considering a separation or are ready to take steps towards it, understanding the laws of your state is important.
Protect yourself and your rights by seeking legal advice from an experienced family law attorney today.
Can I Solve This on My Own or Do I Need an Attorney?
- You may not need an attorney for a simple divorce with uncontested issues
- Legal advice is critical to protect your interests in a contested divorce
- Divorce lawyers can help secure fair custody/visitation, support, and property division
An attorney is a skilled advocate during negotiations and court proceedings. Many attorneys offer free consultations.
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Don't Forget About Estate Planning
Divorce is an ideal time to review your beneficiary designations on life insurance, bank accounts, and retirement accounts. You need to change your estate planning forms to reflect any new choices about your personal representative and beneficiaries. You can change your power of attorney if you named your ex-spouse as your agent. Also, change your health care directive to remove them from making your health care decisions.