By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last updated December 15, 2022
Generally, a separation agreement is the result of much discussion and negotiation surrounding divisions of assets and liabilities and any support, maintenance, custody, or visitation issues.
If you are going through a divorce or separation, the sample separation agreement below will help you to start thinking about and preparing for these discussions and negotiations. Most, if not all, attorneys have their own forms that they will use as a resource. Each agreement will be tailored specifically to match the divorcing couples' situation.
Note that if you and your spouse agree on a resolution to all of the main issues in the sample separation agreement prior to meeting with your attorneys, you may pay fewer attorney's fees. This might be a possibility in less complicated separations, such as those stemming from a short-term marriage with no children.
This sample agreement should help get you started, but it is not nearly as detailed as your final separation agreement should be. Still, some consumers will need to get an actual legal separation agreement customized for their particular state.
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 ________________. 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. 2. Spouse 1 and Spouse 2 have made a complete, fair, and accurate disclosure to each other of all financial matters affecting this agreement. 3. 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. 4. This agreement is intended to be a final disposition of the matters addressed herein and may be used as evidence and incorporated into a final decree of divorce or dissolution. 5. Should a dispute arise regarding the enforcement of this agreement, the prevailing party will be entitled to 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, and whether the spouses will share joint legal custody or if one parent has sole legal custody: ______________________________________________________________________________ | |||
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 not hold Spouse 2 responsible for the same Spouse 2 agrees to pay the following debts and expenses and will not hold Spouse 1 responsible for the same: 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."
Legal separations can be stressful. Coming to an amicable agreement can be even more stressful. Whether you are contemplating a separation or are ready to take formal steps towards it, understanding the laws of your state is important.
A good option for protecting yourself and your property is to contact an experienced family law attorney today.
Contact a qualified divorce attorney to make sure your rights are protected.
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.