Marital Agreement
Marital Separation Agreement
Settle property, debts, support, and living arrangements while you are separated — whether or not you decide to divorce later.
Available product levels
Advanced Legal Documents
$49.99Deeper planning, state-specific formalities, and supporting documents.
When to use this document
- Living apart and wanting the financial arrangements written down
- A trial separation where both sides want clarity without filing anything
- Separating for religious or personal reasons without intending to divorce
- Settling terms now, with a view to divorcing later on the same basis
Information you will need
- Both spouses' details and the date you began living separately
- Whether each spouse had independent counsel
- A full disclosure of assets, debts, and income from both sides
- How property, accounts, and debts are handled during separation
- Support arrangements, and who pays which household expenses
- Arrangements for any children, subject to court review
- How you will file taxes, and the governing state
What you receive
- A Marital Separation Agreement covering property, debts, support, and living arrangements
- Signature blocks with notary acknowledgment
- Completion and signing instructions
- PDF and editable DOCX export
Special situations
- Legal separation is a formal court status in some states and does not exist in others. This agreement settles terms between you; it does not create a status, and it does not end a marriage.
- Filing a joint tax return while separated keeps both spouses liable for the whole amount owed, regardless of how you have agreed to split it between yourselves.
- Debts incurred after separation may still be joint depending on your state and whose name is on the account. A creditor is not bound by an agreement it was not part of.
- Arrangements for children are subject to court review against the child's best interests, and cannot be fixed permanently by agreement.
- If you later divorce, this agreement often forms the basis of the settlement — which is a reason to get the terms right now rather than treating it as temporary.
Jurisdiction
Whether legal separation exists as a status, how property and debt acquired after separation are treated, and what weight a separation agreement carries in a later divorce are all set by state law and vary considerably. This agreement states no waiting period and creates no status.
Frequently asked questions
Does this legally separate us?
It settles terms between you. Whether legal separation exists as a formal status depends on your state — some have it and require a court filing, others have no such status at all. This agreement does not create one, and it does not end the marriage.
How is this different from a divorce settlement?
A marital settlement agreement is written for a divorce that is being filed. This one governs a period of living apart, which may or may not lead to divorce. If you do divorce later, the terms here often become the starting point.
Should we still file taxes jointly?
That is a decision with real consequences and it belongs in the agreement. Filing jointly can reduce the total owed but keeps both of you liable for all of it, including anything the other spouse got wrong. Filing separately usually costs more and separates the liability.
What about debts one of us runs up after we separate?
It depends on your state and whose name is on the account. Agreeing between yourselves who is responsible does not bind the lender — a creditor can still pursue whoever signed for the debt.
Can we agree on child support in this?
You can record what you have agreed, but it remains subject to court review against the child's best interests, and a court can decline terms that fall short of guidelines. It is not a final answer in the way property division can be.
What if we reconcile?
The agreement should say what happens, and this one has provisions for it. Reconciling without addressing the agreement leaves it unclear which terms still apply — a postnuptial agreement is often the cleaner instrument at that point.
Related documents and guides
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Last reviewed July 29, 2026.