| A separation agreement is a written legal | | | | and wife regarding their agreements about the |
| document that memorializes the marital and | | | | dissolution of their marriage. Most jurisdictions |
| divorce agreements of a married couple prior to | | | | require a physical separation of the parties to |
| divorce. Separation agreements must be signed | | | | effect a legal separation; however, some states |
| and notarized to become effective. A separation | | | | permit married couples to continue to live |
| agreement must be entered into voluntarily with | | | | together during the legal separation period |
| complete understanding and full disclosures on the | | | | (sometimes called cohabitation). |
| part of both parties to be enforceable. | | | | Some states require nothing more than a physical |
| A contested divorce, or a divorce without an | | | | separation of the parties to begin a legal |
| agreement, can cost thousands of dollars in | | | | separation. Other states require the filing of |
| attorney fees, court costs and filing fees. By | | | | certain documents with court to effectuate a legal |
| contrast, an uncontested divorce where both | | | | separation. Although a separation agreement can |
| parties have resolved their differences by | | | | be considered to be a legal separation in some |
| agreement is much less expensive and time | | | | instances, the two terms are usually not |
| consuming. A separation agreement can reduce | | | | interchangeable. |
| the cost of a divorce by resolving important | | | | There are several advantages to separation |
| martial dissolution issues such as alimony, child | | | | agreements. Most states reward couples who |
| custody and visitation, child support and property | | | | have entered into a separation agreement by |
| distribution. | | | | allowing the couple to be divorced quicker than |
| Many people confuse separation agreements with | | | | those couples without separation agreements. A |
| "legal separation". In general, a separation | | | | separation agreement almost universally allows a |
| agreement is not a legal separation. A "legal | | | | couple to pursue the divorce on an uncontested |
| separation" is a term given to the status of the | | | | basis which can be thousands of dollars cheaper |
| married couple and a "separation agreement" is | | | | than an ugly contested divorce. |
| simply an enforceable contract between husband | | | | |