If you and your spouse decide to separate but do not want to divorce, it is possible to create a separation agreement. This is a document that outlines important details, including your expectations about how you will handle your finances during the separation period and how you plan to resolve any conflicts that arise. It can also include essential terms about spousal and child support.

These agreements can be useful if you have children, because they typically lay out comprehensive custody arrangements and parenting schedules that address matters such as when your spouse may visit or see the kids, where the couple will live during the separation period and more. These arrangements often serve as a guideline in the event of a divorce, though a judge can choose to ignore them in favor of their own judgment in a case involving children.

It is advisable to consult a family law attorney before writing a separation agreement. This is because your agreement can have significant and lasting consequences, and a skilled lawyer could identify potential pitfalls that you might overlook. Even if you and your spouse work together to come up with a draft of the agreement, it is often beneficial to have your lawyer review it before signing it to make sure that it will meet your needs, protect your legal interests and-when appropriate-comply with your state’s laws about marital separations. In some cases, your attorney can also help you negotiate a settlement with your spouse. separation agreements