Legal definition of separation agreement
Divorce & Separation Legal Terminology

separation agreement

a written agreement between a husband and wife whereby they agree to live separate and apart from each other. A separation agreement may also: Settle the property rights of the parties; Provide for child support; Provide for the allocation of custodial responsibility and the determination of decision-making responsibility for the children of the parties; Provide for the payment or waiver of spousal support by either party; or Otherwise settle and compromise issues arising from the marital rights and obligations of the parties.
The separation agreement may contractually fix the division of property between the parties and may determine whether spousal support shall be awarded, whether an award of spousal support, other than an award of rehabilitative spousal support or spousal support in gross, may be reduced or terminated because a de facto marriage exists between the spousal support payee and another person, whether a court shall have continuing jurisdiction over the amount of a spousal support award so as to increase or decrease the amount of spousal support to be paid, whether spousal support shall be awarded as a lump sum settlement in lieu of periodic payments, whether spousal support shall continue beyond the death of the payor party or the remarriage of the payee party, or whether the spousal support award shall be enforceable by contempt proceedings or other judicial remedies aside from contractual remedies.
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