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

Children

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.