A separation agreement, also known as a property or marital settlement agreement in New Jersey, addresses issues beyond the division of marital property. The agreement may include:
- Child support.
- Alimony.
- Spousal support.
- Custody and visitation.
- Payment of household bills.
- Management of joint assets.
- Parenting time.
When properly signed and notarized, a separation agreement is a legally binding contract between each spouse. It can be enforced by the court.
Couples can prepare and sign the agreement without getting involved in the New Jersey courts and with minimal assistance from a qualified lawyer.
Creating such an agreement can be beneficial for married couples who separate because it can help you maintain control of the major decisions governing your separation.
The final separation agreement can provide a valuable fallback since the court can enforce the terms if either spouse violates the agreement.
When the divorce proceeds, the separation agreement can be incorporated into the divorce judgment.
Issues that delay divorces often are those that a separation agreement already addresses, so preparing an agreement can help avoid delays.
A separation agreement can also be helpful whether you decide to live apart or at home. Couples sometimes consider themselves separated but prefer to live together for a variety of reasons.
It’s important to know that you and your spouse don’t need to live in separate residences to have a valid separation agreement.
Cooper Levenson is a full-service law firm established in 1957. Cynthia N. Grob, Esq., a partner with nearly 20 years of experience in family law, can be reached at cgrob@cooperlevenson.com or by calling 856-857-5538.