Legal separation is a significant step in the divorce process. It allows couples to live apart while still being legally married. During this time, they can decide whether they want to reconcile or file for divorce. A legal separation agreement is a document that outlines the terms of the separation. In this article, we will discuss what should be included in a legal separation agreement.
1. Child custody and visitation
If the couple has children, the legal separation agreement should specify the custody arrangement and visitation schedule. The agreement should define which parent will have physical custody of the child and how much time the other parent will spend with the child.
2. Child support
The agreement should also address child support. It should specify the amount of support that the non-custodial parent will pay and the frequency of payments. The agreement should also address any additional expenses, such as medical bills and educational expenses.
3. Property division
The legal separation agreement should address the division of property and assets. It should specify who will get the house, car, and other assets. The agreement should also address any debts and liabilities.
4. Alimony or spousal support
If one spouse is dependent on the other financially, the legal separation agreement should address spousal support. The agreement should specify the amount of support that will be paid and the duration of the payments.
5. Insurance and benefits
The agreement should address health insurance and other benefits. It should specify who will be responsible for paying insurance premiums and which parent will be responsible for providing health insurance for the children.
6. Taxes
The legal separation agreement should specify how taxes will be filed. It should address who will claim the children as dependents and how any tax refunds will be divided.
7. Dispute resolution
The legal separation agreement should specify how disputes will be resolved. It should address any issues that may arise during the separation, such as disagreements about child custody or support payments.
In conclusion, a legal separation agreement is a crucial document that should be drafted with care. It should address all the issues discussed above and any other issues that may arise during the separation. It is essential to consult with an attorney experienced in family law to ensure that the agreement reflects the best interests of both parties.