Separation Agreement by EasyLegalDocs
This is a template for a Separation Agreement, designed for married couples who wish to formalize their separation. It provides a framework to define terms regarding living arrangements, child custody and support, division of property and debts, spousal support, health insurance, and taxes. This document helps parties establish their respective rights and obligations during the period of separation.
SEPARATION AGREEMENT
This Separation Agreement (hereinafter referred to as the "Agreement") is made and effective [effective date] (the “Effective Date”),
BY AND BETWEEN: | [first party name], with an address of [marital residence address], hereinafter referred to as the “First Party”. |
AND: | [second party name], with an address of [marital residence address], hereinafter referred to as the “Second Party”, collectively referred to as the “Parties”. |
Recitals
WHEREAS, the Parties are married to each other and wish to live separately and apart; and
WHEREAS, the Parties desire to set forth their respective rights, duties, and obligations during the period of separation;
NOW, THEREFORE, in consideration of the mutual promises contained herein and other valuable consideration, the Parties hereby agree as follows:
Separation
The Parties shall live separately and apart from each other effective [effective date]. [party residence is given to] shall have exclusive possession of the marital residence located at [marital residence address].
Child Custody and Support
The Parties shall share joint legal custody of their children, with primary physical custody awarded to [name of custodial parent] The Parties shall agree on a reasonable visitation schedule for the non-custodial parent. Child support shall be paid by [name of non-custodial parent] to [name of custodial parent] in accordance with the applicable laws of [governing law state].
Property Division
The Parties have disclosed all their assets and liabilities to each other. The Parties agree to the following division of their property:
Spousal Support
The Parties agree to the following terms for spousal support:
____________________________________
Changing Spousal Support: Spousal support can be changed if:
a. ____________________________________
b. ____________________________________
Ending Spousal Support: Spousal support will end if:
a. ____________________________________
b. ____________________________________
Debts and Obligations
Each Party shall be responsible for their respective debts and obligations incurred before or during the marriage.
Health Insurance
______________________________________________________________________________________________________________________________________________________________________________________________.
Taxes
The Parties shall file separate tax returns.
______________________________________________________________________________________________________________________________________________________________________________________________.
Miscellaneous
______________________________________________________________________________________________________________________________________________________________________________________________.
Miscellaneous section to include any other relevant terms or provisions.
Governing Laws
This Agreement shall be governed by and construed in accordance with the laws of [governing law state].
Entire Agreement
This Agreement constitutes the entire understanding between the Parties concerning their separation.
IN WITNESS WHEREOF, the Parties hereto have executed this Separation Agreement as of the date first above written.
First Party | Second Party |
_____________________________ | _____________________________ |
_____________________________ | _____________________________ |
_____________________________ | _____________________________ |
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About this template
What is this template?
This is a formal contract between spouses to live apart and manage shared responsibilities without immediately terminating the marriage. It contains specific sections for joint legal custody of children and the exclusive possession of a marital residence. It is not a divorce decree or a final dissolution of marriage.
When should you use it?
Use this when a couple has decided to separate and needs to formalize child visitation schedules and support payments. For a complete legal end to a marriage, use a Divorce Settlement Agreement instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Separation | Separation | Establishes the date the Parties begin living apart and grants exclusive possession of the marital residence to one named party. |
| Child Custody and Support | Child Custody and Support | Assigns joint legal custody and primary physical custody while mandating child support payments to the custodial parent under state laws. |
| Property Division | Property Division | Confirms the mutual disclosure of assets and liabilities and provides for their specific allocation between the Parties. |
| Spousal Support | Spousal Support | Specifies the amount and duration of alimony and defines the specific conditions under which support payments change or end. |
| Taxes | Taxes | Obliges the Parties to file separate tax returns and allows for the custom allocation of refunds or liabilities. |
| Governing Laws | Governing Laws | Subjects the agreement to the construction and laws of a specific state as identified in the governing law data field. |
Who it's for
- a married couple in the USA intending to live apart and define custody and financial duties
- parents seeking a formal joint legal custody arrangement while living at separate addresses
- spouses requiring a written division of marital assets and liabilities before a final divorce decree
How long it runs and how it's signed
United States note
This version is drafted for US law generally. Contract, employment and consumer rules vary by state — for example on non-competes and at-will employment. Tell GitLaw which state applies and it adjusts the draft.
Frequently asked questions
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