Separation Agreement

Take the challenge and emotion out of a marital Separation Agreement.

When a married couple wishes to separate for a time, the situation can become highly emotional. If you and your spouse have decided that a separation is best, it may be wise to put the details and expectations for that time in writing. This Separation Agreement from DIY Legal outlines issues such as alimony, child support, real estate, debts, personal property, custody, visitation, and more. Quickly and easily create a comprehensive Separation Agreement in a step-by-step way.

When a marriage is going badly, not every couple decides to immediately seek divorce. A couple may decide that spending some time apart is the best way to determine if the problems can be fixed or if the relationship needs to move towards an end.


When a couple decides to take that middle step, it's often called a marital separation.

Before a marital separation takes place, it's often worthwhile for the two parties involved to create a document that spells out the expectations during the separation. Issues like alimony, child support, visitation, custody, property splits, debts and assets, etc. should all be examined and resolved to both persons' satisfaction.

Because there are many issues to resolve when a married couple splits, a detailed document and a comprehensive financial worksheet are needed to work through all of these types of topics. These comprehensive documents and tools are provided in the DIY Legal Software Separation Agreement program.

This software package contains everything a separating couple needs to prepare a Separation Agreement without the expense of an attorney:

- a Separation Agreement, with complete fill-in-the-blank instructions and completed samples

- a Financial Worksheet, a tool that helps the separating couple to fully inventory their assets and liabilities so that each spouse is aware of their entire individual and spousal financial status. The worksheet also allows for full disclosure of each spouse's assets and liabilities to the other.

Note that within the software package, DIY Legal provides separate forms for couples with minor (non-adult) children and for couples without.

Subjects like separation and divorce are never easy to deal with. But the documents and tools provided in the DIY Legal Software Separation Agreement will help make the process as easy to complete as is possible in such difficult circumstances.

A marital separation agreement, also known as a property settlement agreement, or marital settlement agreement, is a written contract dividing your property, spelling out your rights, as well as settling problems such as alimony and custody. Generally, a Marital Settlement Agreement is drawn up according to the law of the state in which at least one party lives. When executed and witnessed properly, it is an enforceable contract between the parties, but is not in itself an undertaking to become divorced. Most parties ultimately do file for divorce, at which time an Agreement would be "incorporated" into the eventual divorce judgment. This form assumes that you and your spouse may, at a future date, consider filing a divorce and will request that the Agreement be incorporated into the divorce judgment.

Working through the issues raised within these documents will bring clarity to the situation and provide a solid preparation for determining a starting point for divorce proceedings should a reconciliation not occur. It can also sometimes help a couple realize the gravity of a divorce by highlighting many of the most difficult financial and custody issues they will face.

This Separation Agreement should not be confused with filing for a Legal Separation or filing for Divorce -- this Separation Agreement document is merely a contract by and between the spouses for dividing property and outlining other marital-related issues. A divorce or legal separation requires the filing of specific documents with the court whereby the parties ask for a divorce.