Separation Agreement - Free Legal Template
Updated 17 October 2025
This Separation Agreement outlines the terms for married parties who wish to live separately. It covers key aspects such as child custody and support, division of property and debts, spousal support, health insurance arrangements, and tax responsibilities, providing a comprehensive framework for their separation.
SEPARATION AGREEMENT
This Separation Agreement (hereinafter referred to as the "Agreement") is made and effective [date of agreement](the “Effective Date”),
BY AND BETWEEN: | [the first party], with an address of [address of the marital residence], hereinafter referred to as the “First Party”. |
AND: | [the second party], with an address of [address of the marital residence], 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 [date of agreement]. [[party to whom the residence is given] shall have exclusive possession of the marital residence located at [address of the marital residence]
Child Custody and Support (Optional: Include this section if applicable)
The Parties shall share joint legal custody of their children, with primary physical custody awarded to [custodial parent]. The Parties shall agree on a reasonable visitation schedule for the non-custodial parent. Child support shall be paid by [non-custodial parent] to [custodial parent] in accordance with the applicable laws of .
Property Division
The Parties have disclosed all their assets and liabilities to each other. The Parties agree to the following division of their property:
List of assets and their allocation to each Party.
List of liabilities and their allocation to each Party.
Spousal Support [optional: include this section if applicable]
The Parties agree to the following terms for spousal support:
____________________________________ Specify the amount and duration of spousal support, if applicable.
Changing Spousal Support: Spousal support can be changed if:
a. [specify when it can be changed, e.g., if one party´s income significantly changes or if there are other substantial changes in circumstances]
b. [describe how changes will be discussed and decided e.g., through negotiation or mediation.]
Ending Spousal Support: Spousal support will end if:
a. [(specify when it will end, e.g., upon the remarriage of the receiving party or other specific conditions]
b. [explain how the other party will be notified, and specify the date when it will end]
Debts and Obligations
Each Party shall be responsible for their respective debts and obligations incurred before or during the marriage.
Health Insurance
[description].
[specify the arrangements fot health insurance coverage for the children and/or the parties].
Taxes
The Parties shall file separate tax returns.
[description].
Specify any agreements regarding the allocation of tax refunds or liabilities.
Miscellaneous
[description].
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 LAWS].
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 |
Signed [signature] | Signed [signature] |
Print Name | Print Name |
Date | Date |
About this template
What is this template?
Separation Agreement - Free Legal Template is a free, ready-to-use Contract law template you can open, customize, and download on GitLaw. It gives you a professionally structured starting point, so you never have to draft from a blank page. The wording is plain and modern, organized into clear sections that are easy to read, edit, and adapt to your own situation before you share or sign it.
When should you use it?
Reach for this Contract law template whenever you need a reliable agreement quickly and want to be sure the essentials are covered. It suits individuals, freelancers, startups, and established businesses alike. Instead of paying for a document drafted from scratch, you can start here, tailor the details to your arrangement, and have a polished draft ready in minutes. Always review the final wording against the laws that apply where you live or do business.
What's typically included?
A well-drafted Contract law usually sets out the parties involved, the scope of the agreement, and each side's rights and responsibilities. Expect sections covering key terms and definitions, how long the agreement lasts, how it can be ended, and what happens if something goes wrong. This template brings those building blocks together in a sensible order, so you can focus on the specifics rather than worrying about what to include. Open it to read the full document, then sign up to edit, negotiate, and e-sign it directly in GitLaw.