Legal separation is when a married couple live apart with the intent to end their marital relationship after waiting the required year to file for an absolute divorce. In North Carolina, you don’t need a separation agreement to be legally separated. You only need to live in different homes, and at least one spouse must intend for the separation to be permanent. However, having a separation agreement can be extrem in some situations.
What is a separation agreement?
A separation agreement is a legal document that spells out the terms of your separation. It is important because it helps you and your spouse agree on important issues without going to court by resolving many issues with finality. This includes:
- How you will divide your assets and debts, such as property, cars and savings
- Where the children will live and how much time they will spend with each parent
- Whether one spouse will provide financial help to the other and how much
A separation agreement ensures that both parties understand their rights and responsibilities. You can also customize the agreement to suit your specific needs and circumstances . You can also include terms that a judge cannot order if you went to court; such as:
- How college tuition and costs will be paid
- Providing life insurance while alimony and child support is being paid
However, both parties must enter it voluntarily and with full knowledge of its implications. Working with an attorney may be necessary.
When should you consider creating a separation agreement?
It may be wise to think about creating a separation agreement before you and your spouse start living apart or shortly after you separate. Doing this early helps both parties understand their responsibilities right from the start. A separation agreement also works best if you and your ex-spouse agree on issues like asset division and child custody.
It is also something worth considering if you want to avoid court disputes, especially if you are also considering divorce. By agreeing on these terms beforehand, the divorce process may become quicker and less contentious. Once court-approved, the terms can become part of the divorce decree but not necessarily.
Get the clarity you need
To protect your interests after separation, your agreement must be clear and comprehensive. Seeking professional legal advice can help you address all your concerns.