When two married people decide that they want to live separately and begin untangling their lives from one another, it is known as a separation. These situations often warrant a formal contract outlining the details of the agreement. Separation agreements are not required but they can play an important role in helping a couple navigate the separation and divorce process. Read on and speak with a Bergen County family lawyer to discover what you need to know about separation agreements in New Jersey.
What is a Separation Agreement?
Separation agreements are documents commonly used as a tool for couples who have decided to live apart but are not planning to file for divorce just yet. These documents are written contracts signed by both spouses and address various issues relevant to the separation including topics that dictate the rights and responsibilities of each party.
The issues most commonly addressed in a separation agreement include the following.
- Child custody: Custody arrangements for any shared minor children including how the couple will share physical and legal custody as well as visitation rights and schedules
- Child support: Establish the amount of child support the noncustodial parent will pay and the terms of the payments
- Spousal support: Establish whether one spouse will be required to pay alimony to the other as well as the amount and the terms of the payments
- Division of property: How assets will be divided between the parties and who is entitled to what property
- Division of debt: How liabilities will be divided between the parties and which spouse is responsible for paying back certain debts
- Health insurance: Whether one spouse will remain on the other’s health insurance plan and the term of that decision
Are Separation Agreements Required in NJ?
If you and your spouse decide to separate in New Jersey, know that separation agreements are not legally required. New Jersey state law does not require legal separation and allows couples to live apart without any formal documentation or approval. There is no requirement to create a separation agreement.
Why Should I Consider a Separation Agreement?
Although they are not mandatory, separation agreements are highly recommended for couples who are living apart. These agreements ensure that both parties have a clear understanding of their rights and obligations to avoid conflicts and misunderstandings later on.
Separation agreements also establish financial support obligations in a legally enforceable way. For example, if your spouse tells you that they will pay you alimony during the separation, there is nothing forcing them to follow through unless they sign a binding agreement.
If you and your spouse later decide to get divorced, the separation agreement can help speed up the process. The terms of the agreement can be submitted to the court (if you and your spouse are content with them) and approved as part of the final divorce settlement.
There are many reasons to consider a separation agreement so it is important that you explore all of your options. Reach out to a skilled attorney for more information and legal advice.
