What terms should be in your separation agreement?

On Behalf of | Nov 27, 2023 | Family Law |

Making the decision to divorce is a major choice, and it is one that will impact every aspect of your life. Due to the complex nature of divorce and its implications, you may want to delay moving forward with this step until you are ready. However, that does not mean that you should remain in the home with your soon-to-be ex, and you may decide that a time of separation is best for all of you. 

Separating typically means that two spouses decide to live apart, and you or the other will likely move from your North Carolina home. There are also important legal and financial matters to address during a separation, and you will benefit from the added protection that comes from a formally drafted separation agreement. The terms of this agreement are important and could lay the foundation for an eventual divorce order. 

The details matter 

In a separation, you will remain legally married but not live with the other party. It likely makes the most sense to separate your finances and other aspects of your life, and having a formal separation agreement can be helpful. As you create your separation agreement, you may benefit from including the following details: 

  • Whether your separation period is permanent or temporary 
  • Amount and frequency of child support payments 
  • Spousal support payments from the higher-earning spouse 
  • Division of all child-related costs 
  • Which spouse will care for pets and how to separate those costs 
  • Whether one spouse will remain in the family home 
  • Custody arrangements and visitation schedules for minor children 
  • Travel consents in case one parent wants to travel with his or her children 

The details of your separation agreement are important. Not only will this provide you with clarity and security during your separation period, but it can also serve as the foundation for an eventual divorce order if you choose to move forward with this process. 

Assistance with your agreement 

It is beneficial to have experienced guidance as you create your separation agreement. This document will be important for you and your children, and the terms and details are important. If you are considering a separation, you may find it helpful to seek an assessment of your situation and your objectives in order to make the best possible decisions for your future interests.