How Do Separation Agreements Work?

Everyone is familiar with the couple who decides to live separately from their spouse before actually deciding if they want to file for divorce. But nowadays more and more people are deciding to remain separated, rather than get a divorce, even if they know there is no repairing their marriage.

Our Huntington Divorce Lawyers recommend that if you are going to live apart from your husband for a longer period of time that you obtain a legal separation agreement. This is a legally binding agreement between you and your husband to resolve issues such as:

  • Division of assets and debt
  • Alimony/spousal support
  • Child support
  • Visitation

Why is it important?

Living separately from a spouse without a formal written separation agreement can put you at risk. If you separate without anything written on paper you still remain liable for your spouse’s debts and legal issues they may be in involved in even though you are not living together. It is necessary to have all issues settled and agreed to in writing in case of any issues that may arise.

Our Huntington Divorce lawyers recommend that after you and your spouse agree to a separation the next step is to decide on:

  • who gets which assets
  • who is responsible for debts
  • how much alimony is to be paid and for how long

The legal separation agreement is the first step in helping settle these issues so if you and your spouse ultimately decide to divorce there is an easy transition to your divorce settlement agreement.

Why do some people choose separation over divorce?

  • Financial reasons
  • Religious reasons
  • You may still love each other, but just can’t live together

According to our Huntington divorce lawyers, the decision to legally separate rather than divorce can be quite confusing and complex. It is vital to weigh your options carefully and consult with a qualified professional at Simonetti & Associates to ensure you are making the best decision that is right for you.