McCormack Family Law | Top Divorce Lawyer | Child Custody & Support

Separation makes sense in many situations and for a lot of reasons. First, a separation agreement formalizes the relationship between the parties. It divides the marital property and debts and specifies how the parties will parent their children so that each knows specifically what their rights and responsibilities are.

Second, it lays the groundwork for living separate and apart, clarifying the problems that are likely to arise. Some people are even able to solve some of their marital difficulties during separation.

Finally, a separation is sometimes the only way to continue a benefit that both spouses agree to. For instance, in one case where the couple was quite elderly, one spouse desperately needed to retain health care coverage owned by the other spouse. Divorce would mean the non-owner’s coverage would be terminated. Since remarriage is often not an issue with quite elderly parties, they could agree to a legal separation without a divorce so that both parties retained necessary benefits that would otherwise be lost.

What is the right time for a separation agreement? As soon as possible. Putting off the written agreement for too long to after you begin living apart can cause avoidable misunderstandings and disputes over responsibilities. Lack of a written agreement opens the way for disputes as to what each party agreed to and whether either has the right to change their mind at will.

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