Separation Agreements

A separation agreement is a contract between a husband and wife that states the terms under which they will live apart. Separation agreements are typically how parties outline how their property will be divided, who will receive certain assets, who will be responsible for certain debts, how much alimony, if any, will be paid, if one party will receive a distributive award, what the ramifications are for violating the agreement, and the like. Child custody and child support can be addressed through separation agreements, although they are often going to be resolved through Consent or Court Orders.

Of course, a separation agreement needs to be tailored to that party’s and family’s needs. The timing of a separation agreement can be very important, as well, to ensure that a party does not otherwise waive his or her right to certain issues if the court is petitioned for an absolute divorce without having resolved them.

It is not required to have an attorney involved in the negotiating or drafting of a separation agreement, but it is a very good idea, particularly when your spouse has an attorney involved. Our philosophy is to have these documents done right and done right the first time. It can be a scary thought to believe that you had a legitimate “do-it-yourself” separation agreement to find out that you may have missed a step along the way.

At Rech Law, P.C., we can help you contemplate different scenarios that would pertain to a separation agreement and help you achieve your goals through this difficult time.