Do I Need A Separation Agreement?

Sometimes a separation from your spouse can be a good thing.

You and your husband are not getting along. You no longer spend time together. You just tolerate each other for the sake of the kids. You know that the marriage will end.

Does this sound familiar? If you are in this situation and plan to get a divorce down the line, then a separation agreement might be right for you.

What Does A Separation Agreement Help Me Do?


A separation agreement can help you settle issues like:

  • Alimony
  • Support
  • Property rights, or personal rights with your spouse

These and other issues become relatively easy, especially in high asset divorces, with a separation agreement.


How Do I Get Started?

You will want to have a discussion about all of these issues with your spouse. It is important to get to the point where you both will be able to agree on these issues.

Once you have agreed, you will each want to hire an attorney. It is best practice that one attorney should not represent both of you.

An attorney will make sure that your legal rights are protected and that what you are wanting to do is allowable under your state’s law. It is advisable that the agreement is notarized.


What Happens After I Have An Agreement?

After the applicable separation period has passed under law, you can file for an uncontested absolute divorce.

After a judge has reviewed your case and your separation agreement, if all procedures are correct and no unforeseen issues arise, he or she will enter an order and give you a divorce decree.


Closing Thoughts

The longer you wait to get a separation agreement in place before you get a divorce, the more you risk your spouse getting more emotional and bitter toward you.

He or she may be less willing to compromise, become unfair, hide money, and you may lose your chance to obtain an uncontested divorce. The only option left will be a more costly contested divorce.

Save yourself some money, time, and stress by seeking a separation agreement. If you set yourself up for a clean uncontested divorce, you can save some of your property whether you are in a high asset situation or not.

Want more personalized advice? Call us today at 1-202-870-3021 to set up your appointment!