It is common for couples to seek some time apart before filing for a divorce. In fact, many couples choose to stay separated instead of getting an actual divorce, but what exactly is the difference between a separation and a divorce settlement? Here is a quick guide:
What is a separation agreement?
Separation agreements are contracts that outline “rules” for a couple’s separation. Much like a divorce settlement, a separation agreement can outline rules for child custody, child support payments, grandparent visitation rights, and alimony payments. It can even outline rules related to financial matters, such as payments for credit card debts that are registered under both spouses’ names or the division of property.
Separation agreements are legal contracts, but in order to be valid, they must be agreed upon by both parties, signed by both parties, and notarized by a notary official. Many divorce cases begin with separation agreements, so most divorce lawyers are capable of making sure that separation agreements are valid.
Do separation agreements require time in a courtroom?
No, and this is one reason why many couples choose to get a separation agreement before getting a divorce; some couples do not even bother to get an official divorce settlement at all! This is a big benefit, because the average divorce proceeding lasts around one year and it can cost anywhere from $15,000 to $30,000.
Separation agreements can be reached in a divorce lawyer’s office or can be drafted through mediation services. Some couples even choose to draft their own separation agreements, but it is always a good idea to have a professional divorce attorney look over the agreement before it becomes official. Around 95% of divorce cases are reached through out-of-court agreements, so the process for a separation agreement is not necessarily much different.
How is a separation agreement different from a divorce?
The biggest difference is that both spouses are still “connected” to each other legally and financially. If both spouses benefit financially from a marriage — perhaps for insurance coverage, or even for tax-related reasons — a separation agreement might be a better choice, because it will not disrupt this relationship. Separation can end up being permanent agreements, but they are not necessarily permanent. Many couples choose to separate to see if they can reconcile their differences.
If you think that a separation is the right choice for you — or if you are not sure about whether it would be better than a divorce agreement — make sure to talk to your local divorce lawyers.