What Is A Separation Agreement & How Does It Work?

Jocelyn Mackie is a former civil litigator with content published on Findlaw, LifeHacker, and Marketwatch. She became a legal content writer to demystify the law and support informed decision-making by consumers. Jocelyn graduated from Lewis and Clar.

Jocelyn Mackie, J.D. Contributor

Jocelyn Mackie is a former civil litigator with content published on Findlaw, LifeHacker, and Marketwatch. She became a legal content writer to demystify the law and support informed decision-making by consumers. Jocelyn graduated from Lewis and Clar.

Written By Jocelyn Mackie, J.D. Contributor

Jocelyn Mackie is a former civil litigator with content published on Findlaw, LifeHacker, and Marketwatch. She became a legal content writer to demystify the law and support informed decision-making by consumers. Jocelyn graduated from Lewis and Clar.

Jocelyn Mackie, J.D. Contributor

Jocelyn Mackie is a former civil litigator with content published on Findlaw, LifeHacker, and Marketwatch. She became a legal content writer to demystify the law and support informed decision-making by consumers. Jocelyn graduated from Lewis and Clar.

Contributor

Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.

Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.

Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.

Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.

Updated: Feb 3, 2023, 10:15am

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What Is A Separation Agreement & How Does It Work?

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Table of Contents

Separation is a different status from divorce or marriage. Some states require a separation or waiting period of 10 to 180 days before finalizing a divorce. Other people may choose separation to see if they can live apart or if distance helps them reassess their marriage. Some people practice a religion that does not allow for divorce, so separation is the only option they have if the marriage does not work.

No matter the reason for choosing separation, one thing is for certain. A separation agreement helps the parties stay on the same page and treat each other fairly. It can also make divorce easier if that becomes the ultimate decision.

Separation vs. Divorce

It is important to understand that separation, even permanent separation, isn’t a divorce.

Separation doesn’t return parties to single status. The marriage is legally intact, even if they don’t live together. They may date other people, but they can’t marry someone else. Also, separated parties usually keep one another on health and life insurance policies.

The parties can’t file joint tax returns and must use married filing separately or head of household status (if physically apart for at least six months). But if the separation agreement is informal and not filed in court, joint filing may remain an option.

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Jocelyn Mackie is a former civil litigator with content published on Findlaw, LifeHacker, and Marketwatch. She became a legal content writer to demystify the law and support informed decision-making by consumers. Jocelyn graduated from Lewis and Clark Law School in Portland, Oregon, and enjoys dutifully serving her cats and horses.

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