What should I include in a marriage separation agreement?

Since you and your soon-to-be ex-spouse need to agree, there is some negotiation involved in creating a marriage separation agreement. You may find that you have different priorities and that you each want different items. If you both want the same things, such as the family home, child custody, or possession of jointly owned property, this agreement will take more time to negotiate. Consider including any or all the following information, depending on your situation and what you are most concerned about:

  • Who will live in the family home?
  • Who will pay the expenses, including the mortgage, utilities, and other home maintenance?
  • What happens to the money in your bank accounts?
  • What happens to other assets like stocks, retirement accounts, and other investments?
  • Who gets the car and other big ticket items?
  • What happens to credit cards and accounts you share?
  • Who will pay your current debts? Will you divide them or will one partner pay them?
  • What happens at tax time, and who can claim the children?
  • Does one partner need spousal support or alimony?
  • Who will pay for child care?
  • Who will pay child support?
  • Who will pay tuition and college expenses?
  • Who will have custody of the children or what schedule will you use for shared custody?

Your marriage separation agreement should answer any of the above questions that apply to your situation and any others that are unique to you, from your vacation home to your other assets or responsibilities.


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