Separation Agreement

Understanding Separation Agreements vs. Divorce

Many couples choose separation as an alternative to divorce. A separation agreement allows couples to live apart while legally defining responsibilities, finances, and parenting arrangements. Unlike divorce, a separation does not legally end the marriage.

Divorce

  • Legal termination of marriage: A divorce legally dissolves the marriage, meaning both parties are free to remarry.

  • Court involvement: Divorce requires a legal filing, a formal process, and often a final judgment from a court.

  • Division of assets and custody: The court will issue orders regarding property division, child custody, child support, spousal support, and other matters.

  • Final and binding: Once finalized, a divorce is a permanent dissolution of the marriage.

Separation Agreement

  • Legal contract between spouses: A separation agreement is a written contract between spouses who choose to live separately but remain legally married.

  • Covers similar issues as divorce: The agreement can outline child custody, support, division of assets, and other responsibilities.

  • No court order required: Unlike divorce, this agreement does not need court approval (unless challenged or incorporated into a later divorce case).

  • Couples remain legally married: This means they cannot remarry unless they eventually get a divorce. Some couples choose this for religious, financial, or personal reasons.

  • Can be temporary or long-term: Some use it as a step toward divorce, while others maintain it indefinitely.

Key Takeaways

  • Divorce ends the marriage; separation does not.

  • A separation agreement is a contract, while a divorce is a legal process.

  • Some couples choose separation for financial or religious reasons.

  • A separation agreement can later be converted into a divorce settlement.

    Why Choose a Separation Agreement?

  • Maintain financial and legal protections while living apart.

  • Resolve custody, support, and property issues without divorcing.

  • Explore reconciliation without the finality of divorce.

At Adriatic Mediation, we guide couples through creating fair and enforceable separation agreements that meet their unique needs.