List of Issues Typically Addressed in a Separation Agreement

Child Custody and Child Support

If a separating couple have children, a separation agreement can stipulate primary custody, a visitation schedule and the amount of child support to be paid every month. Often, the agreement will specifically list the way in which the child support should be paid, such as a check, money order, or electronic wiring or as a payroll deduction.

A separation agreement may also settle the issue of how to divide a couple's property. Deciding who will live in a couple's main home can be a contentious issue that may require prolonged negotiation. The agreement may designate which spouse is responsible for continued maintenance of the house, even if that person is no longer living in the home. The ownership of any other property that a couple owns may also be settled in a separation agreement. Many couples acquire debt during the course of their marriage. A separation agreement can stipulate who will be responsible for specific debts such as credit cards and medical bills, or whether the debt will be evenly divided.

Separation agreements often include the terms of spousal support, including who will be paying, how much and how often. Insurance issues may also be settled in a separation agreement. If a couple has children covered under one parent's health insurance policy, the agreement can stipulate whether that arrangement is to remain the same, or if the children will have to switch to the other parent's insurance or be covered under some other type of private insurance. Home and car insurance issues may also be resolved by a separation agreement.

The issue of how a separating couple will file or pay taxes can be addressed in a separation agreement. This is especially important if a couple has not filed the previous year's taxes at the time they create the separation agreement. The agreement can designate that only one partner receives an expected refund, or that the refund be divided equally. The method in which future taxes will be filed during the legal separation can also be addressed in the separation agreement. This is important for couples who claim mortgage interest and child deductions, especially if a couple decides to file future taxes as single payers.