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Separation Agreements

A separation agreement is a private contract that may be used to settle all issues between spouses who are intending to separate or who have separated. Separation agreements are commonly used to resolve alimony and equitable distribution but may also address other issues like custody and child support. To be enforceable, a separation agreement must be in writing and both parties must acknowledge it before a notary. If a party does not comply with all or part of the separation agreement, the other party may bring a breach of contract action to have the court enforce the terms of the agreement. A separation agreement has no impact on the parties’ legal status as “separated” from one another; but when complete, a separation agreement gives both parties the peace of mind that they have reached an important resolution in this chapter of their lives.

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