Find the right lawyer now

Separation Agreement Lawyers

Find a Local Family Lawyer near You

What is in a Separation Agreement?

Spouses who decide to separate usually enter into an agreement about how they would like to proceed. While each separation agreement is different, most will include the following information:

Parties Involved

  • Full name and current address of each spouse
  • Identification of parties as "husband" and "wife"
  • Date and place of marriage


Separation Information

  • Date of separation, with reason for separation
  • Purpose of agreement
  • Names of attorneys of each spouse
  • Statement of consideration for agreement

Spousal Support

  • Support and maintenance given by each spouse
  • Security for obligation
  • Support and maintenance provisions
  • Waiver by one spouse of all rights and claims for support except as provided by agreement
  • Change in amount of support in case of future changes in economic situations
  • Effect of remarriage on support
  • Effect of death on support

Property and Estates

  • Statement negating need for division of property, if needed
  • Waiver by each party of all rights and interests in property and estate of other
  • Waiver by each party of right to administer estate of other, unless stated otherwise in will made after separation agreement
  • Disclosure and list of all existing debts
  • Agreement by each party not to incur debts that make other spouse liable
  • Covenant by each party to accept right of other to own, acquire, manage, alienate, and will property as if unmarried
  • Stipulation for preparation and filing of income tax returns

Changes to Agreement

  • Effect on agreement of future divorce or dissolution of marriage
  • Effect on agreement of reconciliation of parties
  • Arbitration or mediation of disputes

Confirmation and Signatures

  • Provision for execution of all instruments necessary to effect agreement
  • Number of counterparts of agreement
  • Date of agreement
  • Signatures of parties
  • Approval by attorney for each party
  • Acknowledgement by parties, if desired or necessary

Is an Attorney Necessary to Help Draft My Separation Agreement?

A broken marriage is an extremely stressful and traumatic event. An experienced family attorney will be sure that the process is as painless as possible. Have your attorney draft a separation agreement or to help review one that is presented to you.

Photo of page author Peter Clarke

, LegalMatch Content Manager

Last Modified: 07-02-2018 12:06 AM PDT

Law Library Disclaimer
  • No fee to present your case
  • Choose from lawyers in your area
  • A 100% confidential service
What is LegalMatch?

We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.