Separation Agreements

A “Separation Agreement” or “Property Settlement Agreement” is a written document that embodies the agreements reached by separating and/or divorcing spouses.

In a separation or property settlement agreement, parties may contract with respect to:

• The rights and obligations of each party regarding any property
• Parenting arrangements (custody) as to minor children
• The making of a will, trust, or other arrangement to carry out the provisions of the agreement
• Spousal and child support
• The ownership rights in and disposition of the death benefit from a life insurance policy
• Any other matter, including the spouses' personal rights, obligations and liabilities, not in violation of public policy

Once signed by both spouses, the agreement is presented to the court granting the divorce. The terms of the agreement become a part of the court order with a directive that both parties must comply with its provisions. Certain aspects of the agreement may be subject to future modification by a court, while other provisions cannot be changed by a court. Your attorney will advise you on which provisions are modifiable by a court, and which are not.