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Separation Agreements
A separation agreement is signed by parties who are married, but wish to live apart. In some
states, you cannot get a divorce until you have lived apart for a certain period, such as six months
or a year.
Separation agreements usually cover matters such as who will be entitled to what marital property,
who will pay each of the existing debts, whether there will be child support paid, and who
will have custody of any minor children. (It is very similar to a divorce settlement agreement.)
Other things that may be covered are agreements that each party waives a right to the other’s
estate and agrees not to harass the other.
Again, these forms determine important legal rights, so they should not be signed until you
understand all your legal rights.
Sample Separation Agreement
This Agreement is entered into on _______________________________, 20________, by and between
____________________________________________ and ___________________________________________.
The parties were married on _____________________________, _______.
As a result of disputes and serious differences, they have separated and are now living separate
and apart, and wish to continue living apart. They intend to settle by this agreement their marital matters, including child custody, child
support, division of property and debts, and their rights to alimony.
For these reasons and in consideration of the mutual promises contained in this Agreement, Husband and Wife
agree as follows:
1. LIVING SEPARATE. Husband and Wife will live separate and apart from each other, as if they were single and
unmarried.
2. NO HARASSMENT OR INTERFERENCE. Neither party will in any manner harass, annoy, or interfere with
the other.
4. CHILD SUPPORT
o There are no minor children.
o The ________________ shall pay the sum of $ _______________ per _______________ as support and
maintenance for the minor child(ren) in the physical custody of the other parent.
o The _______________ shall maintain health insurance coverage for the minor child(ren) as long as such
insurance is available at a reasonable group rate.
o Other:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
5. DIVISION OF PROPERTY
The Husband transfers to the Wife as her sole and separate property:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
o Continued on Additional Sheet.
The Wife transfers to the Husband as his sole and separate property:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
o Continued on Additional Sheet.
6. DIVISION OF DEBTS
The Husband shall pay, and will not at any time hold the Wife responsible for, the following debts:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
o Continued on Additional Sheet.
The Wife shall pay, and will not at any time hold the Husband responsible for, the following debts:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
o Continued on Additional Sheet.
7. ALIMONY
The o Husband o Wife shall pay alimony in the sum of $ _____________ per ______________, for a period of
_______________________;
or until the o Husband o Wife dies or remarries, whichever occurs first.
o Other:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
8. EFFECT OF DIVORCE OR DISSOLUTION OF MARRIAGE. In the event of a divorce or dissolution of marriage,
this Separation Agreement shall, if the court approves, be merged with, incorporated into, and become a part of any
subsequent decree or judgment for divorce or dissolution of marriage.
9. FINANCIAL DISCLOSURE. The parties have revealed to each other full financial information regarding their
net worth, assets, holdings, income, and liabilities; not only by their discussions with each other, but also through
copies of their current financial statements, copies of which are attached hereto as Exhibits A and B. Both parties
acknowledge that they had sufficient time to review the other’s financial statement, are familiar with and understand
the other’s financial statement, had any questions satisfactorily answered, and are satisfied that full and complete
financial disclosure has been made by the other.
10.WAIVER OF ESTATE. Both parties to this agreement agree to waive any and all right to the estate of the other,
including dower, curtesy, elective share, community property rights, or rights of intestacy. Each party shall be
allowed to pass his or her property freely by will.
11. INDEPENDENT REPRESENTATION BY COUNSEL. Each party has the right to representation by independent
counsel. Each party fully understands his or her rights and considers the terms of this agreement to be fair and
reasonable.
12. EXECUTION OF NECESSARY INSTRUMENTS. The parties will execute and deliver any other instruments
and documents that may be necessary and convenient to carry out all of the terms of this Agreement.
13. ENTIRE AGREEMENT. This instrument, including any attached exhibits, constitutes the entire agreement of
the parties. No representations or promises have been made except those that are set out in this Agreement. This
agreement may not be modified or terminated except in writing signed by the parties.
14. GOVERNING LAW. This Agreement shall be governed by the laws of ________________________________.
15. BINDING EFFECT. This agreement shall be binding upon the parties, and upon their heirs, executors, personal
representatives, administrators, successors, and assigns.
Husband’s Signature Wife’s Signature
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