Separation Agreements

FAQs (Frequently Asked Questions) about separation agreements. If you are getting a divorce you will most likley find yourself signing a separation or settlement agreement. It is very important that you understand exactly what you are agreeing to by signing your agreement.

• What is a separation agreement?
• Is a separation agreement the same as a prenuptial agreement?
• Do you need a court hearing to have a separation agreement?
• Is a separation agreement the same thing as a divorce agreement?
• Do I need a lawyer for a separation agreement?
• Where do I get examples of separation agreements?
• What does a separation agreement address?
• Can I submit an agreement to my spouse and get him or her to sign it?
• I thought you said that the couple negotiates the agreement, and then is approved by the court.
• Why does the Judge scrutinize the agreement?
• Doesn’t a separation agreement make divorce more common?
• Doesn’t a separation agreement make a divorce easier?
• Why should we use a separation agreement? Do we have to?
• What do you mean? What kind of conditions?
• What do you mean, an "illegal" reason?
• What are some of those requirements?
• What if I suspect that my husband is hiding something?
• I’ve heard that a separation agreement is separate to all the other agreements. Is this true?
• What’s the practical difference between merged and incorporated?
• Why are "merged" and "incorporated" different?
• Isn’t a merged separation agreement better?
• Does the "independent life" of an agreement have any other effect after the decree?
• Can I ask to have my agreement merged?
• What if I don’t want the agreement merged? Can I have my agreement incorporated?
• What if I want it merged and my husband wants it incorporated?
• Can the judge merge the agreement even if my spouse and I agree that it should be incorporated?
• Can my spouse and I specify our child custody arrangement in our separation agreement?
• If we can specify our child custody arrangement, does the court have to approve it?
• What if we cannot agree on our child custody arrangement?
• Can we put in our agreement that one spouse shall have custody and legal decision making rights?
• How is this stated in the separation agreement?
• What would be considered as "major decisions"?
• Would we be able to specify a joint custody arrangement in our agreement?
• How would a typical clause for joint custody read?
• Would we have to declare where the child(ren) would live under a joint custody arrangement?
• How can that be phrased?
• What if we would not be able to agree on the "routine decisions" after the agreement has been executed?
• Can the interests of the children be included in the agreement?
• Are there other clauses we can add, which address issues related to education, religious, or social activities?
• Can we spell out our child support agreement within our separation agreement?
• If we spell out our child support agreement in our separation agreement, does the judge have to accept it?
• If the judge sets aside the child support part of the agreement, is the rest of the agreement invalid?
• Does this mean that we can’t make our child support agreement different from the guidelines?
• Can my separation agreement stop my spouse from moving away with the children?
• Can I have my separation agreement provide for the support of our children through college?
• What if my child never graduates from college, and just keeps taking courses indefinitely?
• What if I want my child support to end if my daughter gets married?
• What do you mean, "void as against public policy"?
• Can I make my spouse agree to pay all medical expenses?
• Can I put in my agreement that child support cannot be modified?
• Can I put in my agreement the idea of a fixed child support increase, instead of allowing modification?
• Can I put in my agreement that my estate would be responsible for child support payments should I decease?
• Can I address spousal support in my separation agreement?
• Can I waive spousal support in my separation agreement?
• How would a spousal support waiver read?
• Do I have to satisfy certain obligations with regard to spousal support?
• Can I set up a payment period for spousal support, with it ending on a certain date?
• How can I establish circumstance(s) that terminate spousal support?
• Can I waive a modification of spousal support in my separation agreement?
• What if my financial circumstances change for the worse? Can I put in a provision that protects me?
• What would a clause which permits modification look like?
• Can I provide for a one-time payoff of spousal support in my agreement?
• If my wife and I agree on a lump sum payment, can she ask for a modification should her circumstances change?
• Can I request that my separation agreement contain a provision for medical insurance coverage?
• I want to make sure that my agreement is considered fair for both my spouse and me. How can I be assured?
• Can we negotiate for permanent alimony?
• If I negotiate permanent alimony with my ex-spouse, does this mean the level of support will be unchanged forever?
• If my ex-wife and I agree to permanent spousal support, do I have to pay even if she remarries?
• Is it always true that remarriage causes permanent spousal support to cease?
• Why would I want to establish permanent spousal support that would not cease?
• What if she only moves in with her boyfriend?
• What if she moves in with her girlfriend?
• Can we define what property is to be considered in the separation agreement?
• Can I agree to sell the house to my spouse, as part of the separation agreement?
• What if my husband agrees that I should get the house until the children are out of school?
• What if we agree that I should remain in the house until my remarriage?
• What if I want my spouse to move out of the house after a few years?