Recognizing the Need For A Divorce

Understanding The Value Of Legal Separation Agreements With A Divorce

1 June 2022

Jackson Robinson

When a couple needs time to think about their relationship, they might agree to live separately for a while. Some couples know that they will be divorcing but anticipate an extended divorce due to having a complex situation. Then there are couples that don't intend to divorce but want to live apart for financial, religious, health, or personal reasons. All those people need to consider what a legal separation agreement could do for them.

How Can a Legal Separation Agreement Help You?

These agreements can help bridge the gap between a separation and whatever may happen next. They allow the parties to work together to sort things out using court orders. The issues that need to be settled are addressed with the separation agreement and are legally enforceable. These agreements also pave the way for the divorce that might come later. A good legal separation agreement can be smoothly transferred to the divorce agreement when the time comes.

Issues to Address

Important divorce issues are the place to begin with your agreement. The below issues are part of many divorces and are also part of a separation agreement:

1. If you have minor children, the agreement can cover who has temporary custody of them and spell out the visitation schedule.
2. Those with minor children will also need to cope with child support. The parent who makes the most income is likely to be the one obligated to pay child support. In many cases, the support ordered during the separation period will continue till the child is 18, 24, or until the parents once again live under the same roof.
3. The use of the family home and vehicles is also addressed here. The judge may enter an order preventing the parties from selling marital assets as well as orders ensuring that certain bills are paid. For instance, one spouse cannot cancel the auto insurance of the other spouse during the separation.
4. Use of the party's credit cards may also be addressed in the separation agreement. Many times, the credit cards that are considered marital debt will be frozen, preventing either spouse from adding any more debt to them.
5. Healthcare coverage for the children and sometimes a spouse may also be ordered during the separation.

While not all states require that the couple creates and follows a legal separation agreement, it's highly advisable. Having this agreement in place will cut down on misunderstandings and disagreements, which makes things better for everyone. To find out more about making your divorce and legal separation agreement, speak to a divorce lawyer.

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