Pollack Law Group

Separation Agreements

What Goes in Your Separation Agreement?

Tips from a Massachusetts Divorce Attorney

A good separation agreement for divorcing parties starts by listing both spouse’s full names, date of marriage and the names and dates of birth of any children born during the course of the marriage. Standard clauses found in the text of the agreement usually address topics such as custody and visitation, child support, spousal support or alimony, college expenses, property division and allocation of debt. The key to having a strong understanding with your soon-to-be-former spouse is tailoring the agreement to your unique situation.

Must-Have Clauses

Children

  • Ideal custody and parenting plan, including who has legal and / or physical custody
  • Decisions about the children — including school, religious instruction, etc.
  • Which parent would have visitation, when and during what times
  • Overview of each parent’s parenting responsibilities
  • How relocation or traveling with children would work

Child Support

  • How much child support is being requested
  • Whether and how much child support will be adjusted in the future
  • Extracurricular activities of your children

Health Insurance

  • Notifications about changes in insurance policy

Educational Costs

  • Who will pay tuition and fees and for how much
  • Room and board, if applicable

Property Division

  • Identifying all assets
  • Allocation of the assets
  • Valuation of the marital home

Debt Allocation

  • Car payments
  • Credit card debt
  • Other loans

Taxes

  • Establishing filing status
  • Dividing tax refunds
  • Dependency exemptions

Alimony

  • How much is being requested
  • How long the alimony is being requested for

Additional

  • Life insurance
  • Severability
  • Notarization

Many individuals forget to add certain clauses or factors in their divorce agreement, which can lead to serious missteps and leave you vulnerable. Family law matters require a number of considerations. By leaving out important clauses, you can risk losing custody of your children, paying an excessive amount of alimony, losing your home, and other negative impacts.

For more must-have clauses to include in your agreement, view our special report about Must-Have Clauses.

The Advantage of Retaining Pollack Law Group, P.C.

We know how to execute optimal separation agreements for our clients facing all matters associated with divorce and we have the experience to walk you through the entire divorce process in Massachusetts. What is unique about Pollack Law Group, P.C. is that our attorneys meet several times every week for the sole purpose of discussing strategy and the intricacies of our clients’ cases. By sharing experiences and asking questions, our clients get the advantage of having not just one divorce attorney, but an entire staff of divorce attorneys, paralegals and other professional staff with more than 100 collective years of experience.

To discuss your divorce or separation, contact our Massachusetts divorce lawyersfor a free consultation.

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