Couples who no longer want to live together but are still contemplating whether or not to get divorced may wonder whether they need a separation agreement. While separation agreements are not legally required in Pennsylvania, they can still be an essential tool that offers a variety of benefits for individuals navigating separation. Keep reading to discover what a separation agreement entails and how it can benefit you. Consult with a skilled Montgomery County family lawyer for additional information and legal advice.
What is a Separation Agreement?
A separation agreement is a written document that contains the details of a couple’s separation. Two spouses who are living separately but have not yet committed to filing for divorce can use this type of agreement to outline the terms of their separation including issues like:
- Living arrangements: Where each spouse will reside during the separation
- Property division: How assets will be split and who gets to keep possession of what
- Debt division: Which spouse is responsible for which financial obligations
- Spousal support: Alimony agreements, amounts, and duration
- Child custody: Custody arrangements for any shared minor children
- Child support: Financial contributions for the care of shared minor children
- Health insurance: Whether one spouse will continue providing health coverage for the other
Separation agreements are used to outline the above and more, ensuring that both parties are on the same page.
Do I Need a Separation Agreement in PA?
You do not legally need a separation agreement in order to separate or file for divorce. Pennsylvania law does not recognize separation as a legal status so the state will not require a signed contract.
However, while a separation agreement is not required, it can provide great benefits and protections for both spouses. The contract will help ensure that both parties understand their rights, financial responsibilities, duties related to their children, and other important matters during the period of separation. Without a written agreement, misunderstandings and disagreements may arise down the road.
By addressing these important issues in the separation agreement, the couple can avoid any costly litigation or legal disputes. It will also make the process easier if the couple does decide to file for divorce in the end. The agreement can serve as the basis for the divorce settlement, meaning that many of the hardest issues to address will already be established.
The couple will also have a better understanding of what financial and custody arrangements work for them so any kinks that arose during the separation can be worked out during the divorce process. Depending on the situation the court may be able to simply review and approve the terms of the agreement, saving both parties time and money.
Separation agreements are helpful contracts that provide clarity and protection for both spouses. If you have questions or concerns regarding the document and its use, reach out to a skilled attorney at Cohen & Patel today.
